| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| H. David Rosenbloom , Fadi Shaheen |
TREATY OVERRIDE: THE FALSE CONFLICT BETWEEN WHITNEY AND COOK |
24 Florida Tax Review 375 (2021) |
This Article explores the conditions under which a U.S. statute overrides an earlier self-executing treaty. Focusing on the often blurred distinction between three types of statute-treaty relationships--reconcilable inconsistencies, textual repugnancies, and conflicts--the Article concludes that, contrary to a common view, there is no contradiction... |
2021 |
Yes |
| Author |
H. David Rosenbloom , Fadi Shaheen |
| Title |
TREATY OVERRIDE: THE FALSE CONFLICT BETWEEN WHITNEY AND COOK |
| Citation |
24 Florida Tax Review 375 (2021) |
| Summary |
This Article explores the conditions under which a U.S. statute overrides an earlier self-executing treaty. Focusing on the often blurred distinction between three types of statute-treaty relationships--reconcilable inconsistencies, textual repugnancies, and conflicts--the Article concludes that, contrary to a common view, there is no contradiction... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Max King |
TRIBAL LENDING AFTER GINGRAS |
19 Duke Law & Technology Review 122 (May 13, 2021) |
Online payday lenders pose serious risks for consumers. Yet, for years, these lending companies have skirted state regulation by pleading tribal sovereign immunity. Under this doctrine, entities that are so affiliated with tribal nations that they are an arm of the tribe are immune from suit. Without comprehensive federal regulation, tribal... |
2021 |
Yes |
| Author |
Max King |
| Title |
TRIBAL LENDING AFTER GINGRAS |
| Citation |
19 Duke Law & Technology Review 122 (May 13, 2021) |
| Summary |
Online payday lenders pose serious risks for consumers. Yet, for years, these lending companies have skirted state regulation by pleading tribal sovereign immunity. Under this doctrine, entities that are so affiliated with tribal nations that they are an arm of the tribe are immune from suit. Without comprehensive federal regulation, tribal... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
|
TRIBAL POWER, WORKER POWER: ORGANIZING UNIONS IN THE CONTEXT OF NATIVE SOVEREIGNTY |
134 Harvard Law Review 1162 (January, 2021) |
Since 1990, employees of businesses owned and operated by Native nations have increasingly sought to amplify their voices in the workplace through union representation. Many of these (primarily non-Native ) workers have invoked the protections of the National Labor Relations Act (NLRA). The protections of federal labor law have been crucial to... |
2021 |
Yes |
| Author |
|
| Title |
TRIBAL POWER, WORKER POWER: ORGANIZING UNIONS IN THE CONTEXT OF NATIVE SOVEREIGNTY |
| Citation |
134 Harvard Law Review 1162 (January, 2021) |
| Summary |
Since 1990, employees of businesses owned and operated by Native nations have increasingly sought to amplify their voices in the workplace through union representation. Many of these (primarily non-Native ) workers have invoked the protections of the National Labor Relations Act (NLRA). The protections of federal labor law have been crucial to... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Lori Bable |
TRIBALLY DEFINED CITIZENSHIP CRITERIA: COUNTERING WHITENESS AS PROPERTY INTERPRETATIONS OF "INDIAN" FOR RESTORING INHERENT SOVEREIGNTY |
18 Hastings Race and Poverty Law Journal 29 (Winter, 2021) |
This article implements the framework of whiteness of property to articulate the ways in which holdings of the Supreme Court of the United States (SCOTUS) have limited Tribal Nations' sovereignty because of the illegibility and correlative dispossession of inherent sovereignty itself. This article also highlights how these past SCOTUS... |
2021 |
Yes |
| Author |
Lori Bable |
| Title |
TRIBALLY DEFINED CITIZENSHIP CRITERIA: COUNTERING WHITENESS AS PROPERTY INTERPRETATIONS OF "INDIAN" FOR RESTORING INHERENT SOVEREIGNTY |
| Citation |
18 Hastings Race and Poverty Law Journal 29 (Winter, 2021) |
| Summary |
This article implements the framework of whiteness of property to articulate the ways in which holdings of the Supreme Court of the United States (SCOTUS) have limited Tribal Nations' sovereignty because of the illegibility and correlative dispossession of inherent sovereignty itself. This article also highlights how these past SCOTUS... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
|
TRIBES CAN PROHIBIT ABORTIONS IN INDIAN COUNTRY |
134 Harvard Law Review 1477 (February, 2021) |
The Indian nations had always been considered as distinct, independent political communities, retaining their original natural rights .. --Worcester v. Georgia That articulation of retained sovereignty by Chief Justice Marshall later crystallized into the rule that the Bill of Rights does not apply to tribal governments. As early as 1896, in Talton... |
2021 |
Yes |
| Author |
|
| Title |
TRIBES CAN PROHIBIT ABORTIONS IN INDIAN COUNTRY |
| Citation |
134 Harvard Law Review 1477 (February, 2021) |
| Summary |
The Indian nations had always been considered as distinct, independent political communities, retaining their original natural rights .. --Worcester v. Georgia That articulation of retained sovereignty by Chief Justice Marshall later crystallized into the rule that the Bill of Rights does not apply to tribal governments. As early as 1896, in Talton... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Sara A. Clark |
TRIBES LOOK TO EXPAND CULTURAL BURNING TO RESTORE TRADITIONAL PRACTICES AND ADDRESS CATASTROPHIC WILDFIRE THREATS |
53 ABA Trends 7 (September/October, 2021) |
People indigenous to California have proactively ignited the landscape to manage plants and wildlife, provide community protection, control insects and disease, and engage in cultural and religious practices since time immemorial. Experts estimate that before 1800, between 4.5 million and 12 million acres of the state burned annually, through some... |
2021 |
|
| Author |
Sara A. Clark |
| Title |
TRIBES LOOK TO EXPAND CULTURAL BURNING TO RESTORE TRADITIONAL PRACTICES AND ADDRESS CATASTROPHIC WILDFIRE THREATS |
| Citation |
53 ABA Trends 7 (September/October, 2021) |
| Summary |
People indigenous to California have proactively ignited the landscape to manage plants and wildlife, provide community protection, control insects and disease, and engage in cultural and religious practices since time immemorial. Experts estimate that before 1800, between 4.5 million and 12 million acres of the state burned annually, through some... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Joshua Matz |
TRIBE'S TRAJECTORY & LGBTQ RIGHTS |
88 University of Chicago Law Review 1733 (November, 2021) |
I'm not sure I'll ever live it down. I actually said--out loud, to his face, a full ten minutes into our very first conversation--Holy smokes, you're Larry Tribe! I was in Cambridge that day as a newly admitted student. Somehow, inexplicably (it's not that big of a campus), I got lost. Very lost. Fortunately, a passerby professor took mercy and... |
2021 |
|
| Author |
Joshua Matz |
| Title |
TRIBE'S TRAJECTORY & LGBTQ RIGHTS |
| Citation |
88 University of Chicago Law Review 1733 (November, 2021) |
| Summary |
I'm not sure I'll ever live it down. I actually said--out loud, to his face, a full ten minutes into our very first conversation--Holy smokes, you're Larry Tribe! I was in Cambridge that day as a newly admitted student. Somehow, inexplicably (it's not that big of a campus), I got lost. Very lost. Fortunately, a passerby professor took mercy and... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Adam Crepelle |
TRIBES, VACCINES, AND COVID-19: A LOOK AT TRIBAL RESPONSES TO THE PANDEMIC |
49 Fordham Urban Law Journal 31 (November, 2021) |
Introduction. 31 I. Why Tribes Were Especially Vulnerable to the COVID-19 Virus. 35 II. Vaccines, Pharmaceutical Experiments, and Indians. 39 III. Tribal Vaccine Distribution. 44 IV. Tribes and Medical Sovereignty: Beyond Vaccines. 53 A. Mask Mandates and Social Distancing Guidelines. 53 B. Highway COVID-19 Checkpoints. 57 C. Casino and Other... |
2021 |
Yes |
| Author |
Adam Crepelle |
| Title |
TRIBES, VACCINES, AND COVID-19: A LOOK AT TRIBAL RESPONSES TO THE PANDEMIC |
| Citation |
49 Fordham Urban Law Journal 31 (November, 2021) |
| Summary |
Introduction. 31 I. Why Tribes Were Especially Vulnerable to the COVID-19 Virus. 35 II. Vaccines, Pharmaceutical Experiments, and Indians. 39 III. Tribal Vaccine Distribution. 44 IV. Tribes and Medical Sovereignty: Beyond Vaccines. 53 A. Mask Mandates and Social Distancing Guidelines. 53 B. Highway COVID-19 Checkpoints. 57 C. Casino and Other... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Sam Erman |
TRUER U.S. HISTORY: RACE, BORDERS, AND STATUS MANIPULATION, HOW TO HIDE AN EMPIRE: A HISTORY OF THE GREATER UNITED STATES BY DANIEL IMMERWAHR, FARRAR, STRAUS & GIROUX, 2019 |
130 Yale Law Journal 1188 (March, 2021) |
In How to Hide an Empire, Daniel Immerwahr storms the citadel of U.S. history in a gripping retelling that places empire and its hiding at the heart of the American experiment. Aware that further absences also haunt U.S. history, he invites successors to catalog them to produce yet-truer histories of the United States. This Review takes up the... |
2021 |
|
| Author |
Sam Erman |
| Title |
TRUER U.S. HISTORY: RACE, BORDERS, AND STATUS MANIPULATION, HOW TO HIDE AN EMPIRE: A HISTORY OF THE GREATER UNITED STATES BY DANIEL IMMERWAHR, FARRAR, STRAUS & GIROUX, 2019 |
| Citation |
130 Yale Law Journal 1188 (March, 2021) |
| Summary |
In How to Hide an Empire, Daniel Immerwahr storms the citadel of U.S. history in a gripping retelling that places empire and its hiding at the heart of the American experiment. Aware that further absences also haunt U.S. history, he invites successors to catalog them to produce yet-truer histories of the United States. This Review takes up the... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Lauren E. Schneider |
TRUST BETRAYED: THE RELUCTANCE TO RECOGNIZE JUDICIALLY ENFORCEABLE TRUST OBLIGATIONS UNDER THE INDIAN HEALTH CARE IMPROVEMENT ACT (IHCIA) |
52 Loyola University Chicago Law Journal 1099 (Summer, 2021) |
The federal trust doctrine developed out of the legal relationship between European sovereigns--and later, the United States government--and American Indian tribes. By signing treaties with Indian tribes, the settler governments entered into an ongoing relationship with sovereign tribal governments. The United States government has a duty to... |
2021 |
|
| Author |
Lauren E. Schneider |
| Title |
TRUST BETRAYED: THE RELUCTANCE TO RECOGNIZE JUDICIALLY ENFORCEABLE TRUST OBLIGATIONS UNDER THE INDIAN HEALTH CARE IMPROVEMENT ACT (IHCIA) |
| Citation |
52 Loyola University Chicago Law Journal 1099 (Summer, 2021) |
| Summary |
The federal trust doctrine developed out of the legal relationship between European sovereigns--and later, the United States government--and American Indian tribes. By signing treaties with Indian tribes, the settler governments entered into an ongoing relationship with sovereign tribal governments. The United States government has a duty to... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Laura Briggs |
TWENTIETH CENTURY BLACK AND NATIVE ACTIVISM AGAINST THE CHILD TAKING SYSTEM: LESSONS FOR THE PRESENT |
11 Columbia Journal of Race and Law 611 (July, 2021) |
This Article argues that the historical record supports activism that takes the abolition of the child welfare system as its starting point, rather than its reform. It explores the birth of the modern child welfare system in the 1950s as part of the white supremacist effort to punish Black communities that sought desegregation of schools and other... |
2021 |
|
| Author |
Laura Briggs |
| Title |
TWENTIETH CENTURY BLACK AND NATIVE ACTIVISM AGAINST THE CHILD TAKING SYSTEM: LESSONS FOR THE PRESENT |
| Citation |
11 Columbia Journal of Race and Law 611 (July, 2021) |
| Summary |
This Article argues that the historical record supports activism that takes the abolition of the child welfare system as its starting point, rather than its reform. It explores the birth of the modern child welfare system in the 1950s as part of the white supremacist effort to punish Black communities that sought desegregation of schools and other... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Gregory Ablavsky |
TWO FEDERALIST CONSTITUTIONS OF EMPIRE |
89 Fordham Law Review 1677 (April, 2021) |
Over the past few years, I have written a series of articles and a book on the legal history of the United States in the 1780s and 1790s, focusing particularly on federal governance. This research took me into many Federalists' writings; alongside the works of well-known figures, like George Washington and Alexander Hamilton, I read the papers of... |
2021 |
|
| Author |
Gregory Ablavsky |
| Title |
TWO FEDERALIST CONSTITUTIONS OF EMPIRE |
| Citation |
89 Fordham Law Review 1677 (April, 2021) |
| Summary |
Over the past few years, I have written a series of articles and a book on the legal history of the United States in the 1780s and 1790s, focusing particularly on federal governance. This research took me into many Federalists' writings; alongside the works of well-known figures, like George Washington and Alexander Hamilton, I read the papers of... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Mikaela Koski |
TYING A TRIBAL OFFICER'S HANDS: TRIBAL LAW ENFORCEMENT AUTHORITY UNDER UNITED STATES v. COOLEY |
126 Penn State Law Review 275 (Fall, 2021) |
American Indian reservations make up more than 56 million acres in the United States. The rules governing enforcement of criminal law in Indian Country are complex. While tribal law enforcement officers have authority within a tribe's reservation, they have reduced authority on public roads that run through the reservations, especially when they... |
2021 |
|
| Author |
Mikaela Koski |
| Title |
TYING A TRIBAL OFFICER'S HANDS: TRIBAL LAW ENFORCEMENT AUTHORITY UNDER UNITED STATES v. COOLEY |
| Citation |
126 Penn State Law Review 275 (Fall, 2021) |
| Summary |
American Indian reservations make up more than 56 million acres in the United States. The rules governing enforcement of criminal law in Indian Country are complex. While tribal law enforcement officers have authority within a tribe's reservation, they have reduced authority on public roads that run through the reservations, especially when they... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Kamaile A.N. Turc̆an |
U.S. PROPERTY LAW: A REVISED VIEW |
45 William and Mary Environmental Law and Policy Review 319 (Winter, 2021) |
The individual's sole dominion over a parcel of land--to the exclusion of others in the community or the public at large--is a myth, despite the prevalence of this view in conventional U.S. property law. In practice, the rights and obligations in any one parcel of land is a mixture of individual, community, and public interests coexisting in that... |
2021 |
|
| Author |
Kamaile A.N. Turc̆an |
| Title |
U.S. PROPERTY LAW: A REVISED VIEW |
| Citation |
45 William and Mary Environmental Law and Policy Review 319 (Winter, 2021) |
| Summary |
The individual's sole dominion over a parcel of land--to the exclusion of others in the community or the public at large--is a myth, despite the prevalence of this view in conventional U.S. property law. In practice, the rights and obligations in any one parcel of land is a mixture of individual, community, and public interests coexisting in that... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
|
U.S. SUPREME COURT UPDATE |
31-AUG Journal of Multistate Taxation and Incentives 34 (August, 2021) |
DEBRA S. HERMAN is a partner in the New York City office of the law firm Hodgson Russ LLP. She would like to thank Chelsea Reinhardt for her contributions to the article. In California v. Texas (Docket No. 19-840), the Supreme Court ruled that Texas and 17 other states, plus two individual plaintiffs, lack standing to question the constitutionality... |
2021 |
|
| Author |
|
| Title |
U.S. SUPREME COURT UPDATE |
| Citation |
31-AUG Journal of Multistate Taxation and Incentives 34 (August, 2021) |
| Summary |
DEBRA S. HERMAN is a partner in the New York City office of the law firm Hodgson Russ LLP. She would like to thank Chelsea Reinhardt for her contributions to the article. In California v. Texas (Docket No. 19-840), the Supreme Court ruled that Texas and 17 other states, plus two individual plaintiffs, lack standing to question the constitutionality... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
|
U.S. SUPREME COURT UPDATE |
31-JUN Journal of Multistate Taxation and Incentives 33 (June, 2021) |
DEBRA S. HERMAN is a partner in the New York City office of the law firm Hodgson Russ LLP. She would like to thank Doran Gittelman, an associate at Hodgson Russ LLP, for his contributions to this month's article. Seneca County, New York, filed a petition for writ of certiorari (Docket No. 19-0032) challenging the Second Circuit's ruling that tribal... |
2021 |
|
| Author |
|
| Title |
U.S. SUPREME COURT UPDATE |
| Citation |
31-JUN Journal of Multistate Taxation and Incentives 33 (June, 2021) |
| Summary |
DEBRA S. HERMAN is a partner in the New York City office of the law firm Hodgson Russ LLP. She would like to thank Doran Gittelman, an associate at Hodgson Russ LLP, for his contributions to this month's article. Seneca County, New York, filed a petition for writ of certiorari (Docket No. 19-0032) challenging the Second Circuit's ruling that tribal... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Tara Righetti , Robert B. Keiter , Jason Robison , Temple Stoellinger , Sam Kalen |
UNBECOMING ADVERSARIES: NATURAL RESOURCES FEDERALISM IN WYOMING |
21 Wyoming Law Review 289 (2021) |
C1-2Table of Contents I. Introduction. 290 II. Public Lands. 293 A. Preserved Lands: Parks, Monuments, & Wilderness. 294 1. National Parks. 294 a. Yellowstone. 294 b. Grand Teton. 296 2. Wilderness. 298 3. Bear Lodge (Devils Tower) National Monument. 300 4. Refuges & Rivers. 302 B. Multiple Use Lands. 303 1. National Forests. 303 2. BLM Lands.... |
2021 |
|
| Author |
Tara Righetti , Robert B. Keiter , Jason Robison , Temple Stoellinger , Sam Kalen |
| Title |
UNBECOMING ADVERSARIES: NATURAL RESOURCES FEDERALISM IN WYOMING |
| Citation |
21 Wyoming Law Review 289 (2021) |
| Summary |
C1-2Table of Contents I. Introduction. 290 II. Public Lands. 293 A. Preserved Lands: Parks, Monuments, & Wilderness. 294 1. National Parks. 294 a. Yellowstone. 294 b. Grand Teton. 296 2. Wilderness. 298 3. Bear Lodge (Devils Tower) National Monument. 300 4. Refuges & Rivers. 302 B. Multiple Use Lands. 303 1. National Forests. 303 2. BLM Lands.... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Alyson Merlin |
UNENFORCED PROMISES: TREATY RIGHTS AS A MECHANISM TO ADDRESS THE IMPACT OF ENERGY PROJECTS NEAR TRIBAL LANDS |
11 Columbia Journal of Race and Law 373 (April, 2021) |
Treaties between the United States and Native nations are binding until abrogated by the clear and plain intent of Congress. Many treaties signed in the 18th and 19th centuries remain unabrogated, but are also unenforced by the courts of the United States. The Dewey Burdock Project is a proposed uranium mining operation which would sit adjacent to... |
2021 |
Yes |
| Author |
Alyson Merlin |
| Title |
UNENFORCED PROMISES: TREATY RIGHTS AS A MECHANISM TO ADDRESS THE IMPACT OF ENERGY PROJECTS NEAR TRIBAL LANDS |
| Citation |
11 Columbia Journal of Race and Law 373 (April, 2021) |
| Summary |
Treaties between the United States and Native nations are binding until abrogated by the clear and plain intent of Congress. Many treaties signed in the 18th and 19th centuries remain unabrogated, but are also unenforced by the courts of the United States. The Dewey Burdock Project is a proposed uranium mining operation which would sit adjacent to... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Curtis A. Bradley, Ernest A. Young |
UNPACKING THIRD-PARTY STANDING |
131 Yale Law Journal 1 (October, 2021) |
Third-party standing is relevant to a wide range of constitutional and statutory cases. The Supreme Court has said that, to assert such standing, a litigant must ordinarily have a close relationship with the right holder and the right holder must face obstacles to suing on their own behalf. Yet the Court does not seem to apply that test... |
2021 |
|
| Author |
Curtis A. Bradley, Ernest A. Young |
| Title |
UNPACKING THIRD-PARTY STANDING |
| Citation |
131 Yale Law Journal 1 (October, 2021) |
| Summary |
Third-party standing is relevant to a wide range of constitutional and statutory cases. The Supreme Court has said that, to assert such standing, a litigant must ordinarily have a close relationship with the right holder and the right holder must face obstacles to suing on their own behalf. Yet the Court does not seem to apply that test... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Sherally Munshi |
UNSETTLING THE BORDER |
67 UCLA Law Review 1720 (April, 2021) |
When scholars and lawmakers ask who should be allowed to cross borders, under what circumstances, on what ground, they often leave unexamined the historical formation of the border itself. National borders are taken for granted as the backdrop against which normative debates unfold. This Article intervenes in contemporary debates about border... |
2021 |
|
| Author |
Sherally Munshi |
| Title |
UNSETTLING THE BORDER |
| Citation |
67 UCLA Law Review 1720 (April, 2021) |
| Summary |
When scholars and lawmakers ask who should be allowed to cross borders, under what circumstances, on what ground, they often leave unexamined the historical formation of the border itself. National borders are taken for granted as the backdrop against which normative debates unfold. This Article intervenes in contemporary debates about border... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Kevin J. Fandl |
UP IN SMOKE: INTERNATIONAL TREATY OBLIGATIONS AND MARIJUANA REFORM IN THE UNITED STATES |
58 American Business Law Journal 163 (Spring, 2021) |
As the number of U.S. states that seek to loosen restrictions on marijuana rapidly increases, a heated debate over state and federal regulation has ignited. But an important component of that debate has been largely absent--are these state efforts placing the United States in violation of its international treaty obligations? This article attempts... |
2021 |
Yes |
| Author |
Kevin J. Fandl |
| Title |
UP IN SMOKE: INTERNATIONAL TREATY OBLIGATIONS AND MARIJUANA REFORM IN THE UNITED STATES |
| Citation |
58 American Business Law Journal 163 (Spring, 2021) |
| Summary |
As the number of U.S. states that seek to loosen restrictions on marijuana rapidly increases, a heated debate over state and federal regulation has ignited. But an important component of that debate has been largely absent--are these state efforts placing the United States in violation of its international treaty obligations? This article attempts... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| John A. Powell , Eloy Toppin, Jr. |
UPROOTING AUTHORITARIANISM: DECONSTRUCTING THE STORIES BEHIND NARROW IDENTITIES AND BUILDING A SOCIETY OF BELONGING |
11 Columbia Journal of Race and Law 1 (January, 2021) |
Authoritarianism is on the rise globally, threatening democratic society and ushering in an era of extreme division. Most analyses and proposals for challenging authoritarianism leave intact the underlying foundations that give rise to this social phenomenon because they rely on a decontextualized intergroup dynamic theory. This Article argues that... |
2021 |
Yes |
| Author |
John A. Powell , Eloy Toppin, Jr. |
| Title |
UPROOTING AUTHORITARIANISM: DECONSTRUCTING THE STORIES BEHIND NARROW IDENTITIES AND BUILDING A SOCIETY OF BELONGING |
| Citation |
11 Columbia Journal of Race and Law 1 (January, 2021) |
| Summary |
Authoritarianism is on the rise globally, threatening democratic society and ushering in an era of extreme division. Most analyses and proposals for challenging authoritarianism leave intact the underlying foundations that give rise to this social phenomenon because they rely on a decontextualized intergroup dynamic theory. This Article argues that... |
| Year |
2021 |
| Key Terms in Title or Summary |
Yes |
|
| Lauren van Schilfgaarde , Brett Lee Shelton |
USING PEACEMAKING CIRCLES TO INDIGENIZE TRIBAL CHILD WELFARE |
11 Columbia Journal of Race and Law 681 (July, 2021) |
Historical child welfare policies explicitly aimed to exterminate Indigenous culture and disrupt tribal cohesion. The remnants of these policies form the foundation for the contemporary child welfare system. These policies view the child as an isolated and interchangeable asset, over which parents enjoy property-like rights, and in which the child... |
2021 |
|
| Author |
Lauren van Schilfgaarde , Brett Lee Shelton |
| Title |
USING PEACEMAKING CIRCLES TO INDIGENIZE TRIBAL CHILD WELFARE |
| Citation |
11 Columbia Journal of Race and Law 681 (July, 2021) |
| Summary |
Historical child welfare policies explicitly aimed to exterminate Indigenous culture and disrupt tribal cohesion. The remnants of these policies form the foundation for the contemporary child welfare system. These policies view the child as an isolated and interchangeable asset, over which parents enjoy property-like rights, and in which the child... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
|
VI. PRISONERS' RIGHTS |
50 Georgetown Law Journal Annual Review of Criminal Procedure 1163 (2021) |
Criminal convictions and lawful imprisonment allow for certain limitations on citizens' freedoms and other constitutional rights, but prisoners retain such rights when they are compatible with the objectives of incarceration. Federal courts are reluctant to intervene in internal prison administration and therefore give wide ranging deference to the... |
2021 |
|
| Author |
|
| Title |
VI. PRISONERS' RIGHTS |
| Citation |
50 Georgetown Law Journal Annual Review of Criminal Procedure 1163 (2021) |
| Summary |
Criminal convictions and lawful imprisonment allow for certain limitations on citizens' freedoms and other constitutional rights, but prisoners retain such rights when they are compatible with the objectives of incarceration. Federal courts are reluctant to intervene in internal prison administration and therefore give wide ranging deference to the... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Michele L. Stewart , Tiffany Mow , Sharon Vandever , Savannah Joe , Corrine Oqua Pi Povi Sanchez , Kathy Howkumi , Paula Bosh , Robyn Simmons , Victim Specialist, Federal Bureau of Investigation, Salt Lake City Division--Billings, Montana Resident Agency, |
VICTIM SERVICES FOR NATIVE FAMILIES WITH MISSING LOVED ONES |
69 Department of Justice Journal of Federal Law and Practice 27 (March, 2021) |
Ambiguous loss describes the unknown circumstances and resulting anxiety that families may experience after the disappearance of a loved one. They do not know if their family member is alive, safe, sick, hurt, in danger, or ever coming home. In long-term cases, there is often no return home, no funeral, and no memorial. This kind of loss may also... |
2021 |
|
| Author |
Michele L. Stewart , Tiffany Mow , Sharon Vandever , Savannah Joe , Corrine Oqua Pi Povi Sanchez , Kathy Howkumi , Paula Bosh , Robyn Simmons , Victim Specialist, Federal Bureau of Investigation, Salt Lake City Division--Billings, Montana Resident Agency, |
| Title |
VICTIM SERVICES FOR NATIVE FAMILIES WITH MISSING LOVED ONES |
| Citation |
69 Department of Justice Journal of Federal Law and Practice 27 (March, 2021) |
| Summary |
Ambiguous loss describes the unknown circumstances and resulting anxiety that families may experience after the disappearance of a loved one. They do not know if their family member is alive, safe, sick, hurt, in danger, or ever coming home. In long-term cases, there is often no return home, no funeral, and no memorial. This kind of loss may also... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Leslie A. Hagen , National Indian Country Training Coordinator, Office of Legal Education, Executive Office for United States Attorneys |
VIOLENT CRIME IN INDIAN COUNTRY AND THE FEDERAL RESPONSE |
69 Department of Justice Journal of Federal Law and Practice 79 (March, 2021) |
Domestic violence, sexual assault, and child abuse in tribal communities are significant issues, and they have deservedly received greater attention by the public, the criminal justice and social service systems, and the medical community during the past two decades. Some of these crimes are at the root of missing indigenous person cases. A person... |
2021 |
|
| Author |
Leslie A. Hagen , National Indian Country Training Coordinator, Office of Legal Education, Executive Office for United States Attorneys |
| Title |
VIOLENT CRIME IN INDIAN COUNTRY AND THE FEDERAL RESPONSE |
| Citation |
69 Department of Justice Journal of Federal Law and Practice 79 (March, 2021) |
| Summary |
Domestic violence, sexual assault, and child abuse in tribal communities are significant issues, and they have deservedly received greater attention by the public, the criminal justice and social service systems, and the medical community during the past two decades. Some of these crimes are at the root of missing indigenous person cases. A person... |
| Year |
2021 |
| Key Terms in Title or Summary |
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| Will Hyland |
VOTER ID: COMBATING VOTER FRAUD OR DISENFRANCHISING? A COMPREHENSIVE ANALYSIS OF VOTER ID LAWS, NATIVE AMERICAN DISENFRANCHISEMENT, AND THEIR INTERSECTION |
29 University of Miami International and Comparative Law Review 283 (Fall, 2021) |
This note discusses the contentious issue of voter ID laws and their ability to disproportionately affect various racial and ethnic groups, with specific attention paid to such laws' effects on Native Americans. Since the 2000 election catastrophe and subsequent changes to our election system, voter ID laws have become a hot-button issue. Many... |
2021 |
|
| Author |
Will Hyland |
| Title |
VOTER ID: COMBATING VOTER FRAUD OR DISENFRANCHISING? A COMPREHENSIVE ANALYSIS OF VOTER ID LAWS, NATIVE AMERICAN DISENFRANCHISEMENT, AND THEIR INTERSECTION |
| Citation |
29 University of Miami International and Comparative Law Review 283 (Fall, 2021) |
| Summary |
This note discusses the contentious issue of voter ID laws and their ability to disproportionately affect various racial and ethnic groups, with specific attention paid to such laws' effects on Native Americans. Since the 2000 election catastrophe and subsequent changes to our election system, voter ID laws have become a hot-button issue. Many... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Renalia Du Bose |
VOTER SUPPRESSION: A RECENT PHENOMENON OR AN AMERICAN LEGACY? |
50 University of Baltimore Law Review 245 (Spring, 2021) |
I. RECENT EXAMPLES OF STATE-LEVEL VOTER SUPPRESSION. 246 II. SETTING THE STAGE. 252 III. HISTORY OF VOTING RIGHTS IN THE UNITED STATES. 255 A. The Early Years of the New Nation. 255 B. The Civil War. 260 C. Women's Suffrage. 263 D. The Indian Citizenship Act of 1924. 270 E. The Civil Rights Act of 1964 and the Voting Rights Act of 1965. 272 F.... |
2021 |
|
| Author |
Renalia Du Bose |
| Title |
VOTER SUPPRESSION: A RECENT PHENOMENON OR AN AMERICAN LEGACY? |
| Citation |
50 University of Baltimore Law Review 245 (Spring, 2021) |
| Summary |
I. RECENT EXAMPLES OF STATE-LEVEL VOTER SUPPRESSION. 246 II. SETTING THE STAGE. 252 III. HISTORY OF VOTING RIGHTS IN THE UNITED STATES. 255 A. The Early Years of the New Nation. 255 B. The Civil War. 260 C. Women's Suffrage. 263 D. The Indian Citizenship Act of 1924. 270 E. The Civil Rights Act of 1964 and the Voting Rights Act of 1965. 272 F.... |
| Year |
2021 |
| Key Terms in Title or Summary |
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| Affie B. Ellis, Holland & Hart LLP, Cheyenne, Wyoming |
VOTING IN INDIAN COUNTRY THE VIEW FROM THE TRENCHES BY JEAN REITH SCHROEDEL |
44-FEB Wyoming Lawyer 16 (February, 2021) |
In the United States, there are 574 federally recognized American Indian tribes, each with their own history, culture, language and governing structure. Although tribal members enjoy U.S. citizenship, state citizenship and tribal citizenship, the right to vote in federal and state elections has not always been recognized. In fact, in many cases,... |
2021 |
|
| Author |
Affie B. Ellis, Holland & Hart LLP, Cheyenne, Wyoming |
| Title |
VOTING IN INDIAN COUNTRY THE VIEW FROM THE TRENCHES BY JEAN REITH SCHROEDEL |
| Citation |
44-FEB Wyoming Lawyer 16 (February, 2021) |
| Summary |
In the United States, there are 574 federally recognized American Indian tribes, each with their own history, culture, language and governing structure. Although tribal members enjoy U.S. citizenship, state citizenship and tribal citizenship, the right to vote in federal and state elections has not always been recognized. In fact, in many cases,... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|
| Jeffrey M. Hirsch |
WAR POWERS ABROGATION |
89 George Washington Law Review 593 (May, 2021) |
The United States' peacetime security is based entirely on its all-volunteer armed forces. These volunteers, split equally between full- and part-time servicemembers, risk not only their health and safety, but also their economic stability when they are called away from home for training or active duty. Servicemembers' duties also interfere with... |
2021 |
|
| Author |
Jeffrey M. Hirsch |
| Title |
WAR POWERS ABROGATION |
| Citation |
89 George Washington Law Review 593 (May, 2021) |
| Summary |
The United States' peacetime security is based entirely on its all-volunteer armed forces. These volunteers, split equally between full- and part-time servicemembers, risk not only their health and safety, but also their economic stability when they are called away from home for training or active duty. Servicemembers' duties also interfere with... |
| Year |
2021 |
| Key Terms in Title or Summary |
|
|