AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Sadie Hart FALLING THROUGH THE CRACKS: THE AMERICAN INDIAN FOSTER CARE TO SEXUAL EXPLOITATION PIPELINE AND THE NEED FOR EXPANDED AMERICAN INDIAN COMMUNITY SERVICES IN MINNESOTA 15 DePaul Journal for Social Justice 1 (Winter/Spring, 2021-2022) Following the discovery of hundreds of children's bodies at residential schools in Canada, United States Interior Secretary Deb Haaland called for an investigation into the federal government's oversight of American Indian boarding schools. This call highlights a growing awareness of the United States' legacy of violence against American Indians.... 2022
Author Sadie Hart
Title FALLING THROUGH THE CRACKS: THE AMERICAN INDIAN FOSTER CARE TO SEXUAL EXPLOITATION PIPELINE AND THE NEED FOR EXPANDED AMERICAN INDIAN COMMUNITY SERVICES IN MINNESOTA
Citation 15 DePaul Journal for Social Justice 1 (Winter/Spring, 2021-2022)
Summary Following the discovery of hundreds of children's bodies at residential schools in Canada, United States Interior Secretary Deb Haaland called for an investigation into the federal government's oversight of American Indian boarding schools. This call highlights a growing awareness of the United States' legacy of violence against American Indians....
Year 2022
Key Terms in Title or Summary
Joubin Khazaie FANON, COLONIAL VIOLENCE, AND RACIST LANGUAGE IN FEDERAL AMERICAN INDIAN LAW 12 University of Miami Race & Social Justice Law Review 297 (Spring, 2022) This Comment will argue that the racist language enshrined in foundational Supreme Court decisions involving Native tribes continuously enacts a form of colonial violence that seeks to preserve a white racial dictatorship. The paper will use Frantz Fanon's scholarship on colonial violence and the dehumanization of Indigenous people as a framework... 2022
Author Joubin Khazaie
Title FANON, COLONIAL VIOLENCE, AND RACIST LANGUAGE IN FEDERAL AMERICAN INDIAN LAW
Citation 12 University of Miami Race & Social Justice Law Review 297 (Spring, 2022)
Summary This Comment will argue that the racist language enshrined in foundational Supreme Court decisions involving Native tribes continuously enacts a form of colonial violence that seeks to preserve a white racial dictatorship. The paper will use Frantz Fanon's scholarship on colonial violence and the dehumanization of Indigenous people as a framework...
Year 2022
Key Terms in Title or Summary
Amanda B. Hurst FAUX FEDERALISM 110 Kentucky Law Journal 221 (2021-2022) Table of Contents. 221 Abstract. 222 Introduction. 222 I. Meeting the Players. 229 A. Federalism's End Game. 229 B. The Power to Spend: Congress's Superpower. 231 i. The Tenth Amendment: No Additional Limit. 233 ii. Federalism: Interpretive Tool v. Substantive Limit. 235 iii. Spending Programs & Federalism. 238 1. Dual Federalism: Stay in Your... 2022
Author Amanda B. Hurst
Title FAUX FEDERALISM
Citation 110 Kentucky Law Journal 221 (2021-2022)
Summary Table of Contents. 221 Abstract. 222 Introduction. 222 I. Meeting the Players. 229 A. Federalism's End Game. 229 B. The Power to Spend: Congress's Superpower. 231 i. The Tenth Amendment: No Additional Limit. 233 ii. Federalism: Interpretive Tool v. Substantive Limit. 235 iii. Spending Programs & Federalism. 238 1. Dual Federalism: Stay in Your...
Year 2022
Key Terms in Title or Summary
FIFTH AMENDMENT--DOUBLE JEOPARDY CLAUSE--TRIBAL SOVEREIGNTY--DENEZPI v. UNITED STATES 136 Harvard Law Review 350 (November, 2022) The Fifth Amendment's Double Jeopardy Clause protects criminal defendants from facing two prosecutions for the same offence. Under the dual-sovereignty doctrine, the Supreme Court has historically permitted successive prosecutions for the same act when that act violates the laws of separate sovereigns. Last term, in Denezpi v. United States, the... 2022 Yes
Author
Title FIFTH AMENDMENT--DOUBLE JEOPARDY CLAUSE--TRIBAL SOVEREIGNTY--DENEZPI v. UNITED STATES
Citation 136 Harvard Law Review 350 (November, 2022)
Summary The Fifth Amendment's Double Jeopardy Clause protects criminal defendants from facing two prosecutions for the same offence. Under the dual-sovereignty doctrine, the Supreme Court has historically permitted successive prosecutions for the same act when that act violates the laws of separate sovereigns. Last term, in Denezpi v. United States, the...
Year 2022
Key Terms in Title or Summary Yes
Adam Crepelle FINDING WAYS TO EMPOWER TRIBAL OIL PRODUCTION 22 Wyoming Law Review 25 (2022) I. Introduction. 25 II. The History of Federal Control of Tribal Land and Oil. 32 III. Obstacles to Indian Country Oil and Gas Development. 39 A. Federal Bureaucracy. 39 B. Dual Taxation. 43 C. Jurisdictional Uncertainty. 48 IV. Recommendations. 50 A. TEDO and Vertical Integration. 50 B. Constitutional Challenges. 53 C. Blockchain to Improve Land... 2022
Author Adam Crepelle
Title FINDING WAYS TO EMPOWER TRIBAL OIL PRODUCTION
Citation 22 Wyoming Law Review 25 (2022)
Summary I. Introduction. 25 II. The History of Federal Control of Tribal Land and Oil. 32 III. Obstacles to Indian Country Oil and Gas Development. 39 A. Federal Bureaucracy. 39 B. Dual Taxation. 43 C. Jurisdictional Uncertainty. 48 IV. Recommendations. 50 A. TEDO and Vertical Integration. 50 B. Constitutional Challenges. 53 C. Blockchain to Improve Land...
Year 2022
Key Terms in Title or Summary
Dale T. White FIVE RESTATEMENTS: CHARTING THE HISTORY OF THE LAW ON STATE TAXATION OF NON-TRIBAL MEMBERS IN INDIAN COUNTRY 2022 Wisconsin Law Review 329 (2022) Introduction. 330 I. Restatement #1: 1832 (Worcester v. Georgia). 332 II. Restatement #2: 1942 (Cohen Handbook). 333 A. Chapter 6, Scope of State Powers over Indian Affairs. 333 1. The Cohen Matrix. 334 2. Caselaw in 1942 on What a Federal Concern Is. 335 B. State Sales Taxes. 336 III. Restatement #3: Cohen to Moe (1942-1976). 337 A. The 1958... 2022
Author Dale T. White
Title FIVE RESTATEMENTS: CHARTING THE HISTORY OF THE LAW ON STATE TAXATION OF NON-TRIBAL MEMBERS IN INDIAN COUNTRY
Citation 2022 Wisconsin Law Review 329 (2022)
Summary Introduction. 330 I. Restatement #1: 1832 (Worcester v. Georgia). 332 II. Restatement #2: 1942 (Cohen Handbook). 333 A. Chapter 6, Scope of State Powers over Indian Affairs. 333 1. The Cohen Matrix. 334 2. Caselaw in 1942 on What a Federal Concern Is. 335 B. State Sales Taxes. 336 III. Restatement #3: Cohen to Moe (1942-1976). 337 A. The 1958...
Year 2022
Key Terms in Title or Summary
Lauren Moose FOR BETTER OR FOR WORSE: THE COURT'S APPLICATION OF THE SECOND MONTANA EXCEPTION TO UNITED STATES v. COOLEY 83 Montana Law Review 353 (Summer, 2022) [P]erhaps the most basic principle of all Indian law . is the principle that those powers which are lawfully vested in an Indian tribe are not, in general, delegated powers granted by express acts of Congress, but rather inherent powers of a limited sovereignty which has never been extinguished. -Felix S. Cohen As of 2022, the United States... 2022 Yes
Author Lauren Moose
Title FOR BETTER OR FOR WORSE: THE COURT'S APPLICATION OF THE SECOND MONTANA EXCEPTION TO UNITED STATES v. COOLEY
Citation 83 Montana Law Review 353 (Summer, 2022)
Summary [P]erhaps the most basic principle of all Indian law . is the principle that those powers which are lawfully vested in an Indian tribe are not, in general, delegated powers granted by express acts of Congress, but rather inherent powers of a limited sovereignty which has never been extinguished. -Felix S. Cohen As of 2022, the United States...
Year 2022
Key Terms in Title or Summary Yes
Trevion Freeman FOR FREEDMEN'S SAKE: THE STORY OF THE NATIVE BLACKS OF THE MUSCOGEE NATION AND THEIR FIGHT FOR CITIZENSHIP POST-MCGIRT 57 Tulsa Law Review 513 (Winter, 2022) I. Introduction. 514 II. Understanding Federal Indian Law. 516 A. Tribal Sovereignty. 517 i. Defining Indian & Tribal Membership. 518 B. Federal Plenary Power: United States Government Power Over Indian Affairs. 520 C. The Power of Tribal Sovereignty in Relationship with Membership Acceptance (Santa Clara Pueblo v. Martinez). 521 D. Tribal Treaty... 2022 Yes
Author Trevion Freeman
Title FOR FREEDMEN'S SAKE: THE STORY OF THE NATIVE BLACKS OF THE MUSCOGEE NATION AND THEIR FIGHT FOR CITIZENSHIP POST-MCGIRT
Citation 57 Tulsa Law Review 513 (Winter, 2022)
Summary I. Introduction. 514 II. Understanding Federal Indian Law. 516 A. Tribal Sovereignty. 517 i. Defining Indian & Tribal Membership. 518 B. Federal Plenary Power: United States Government Power Over Indian Affairs. 520 C. The Power of Tribal Sovereignty in Relationship with Membership Acceptance (Santa Clara Pueblo v. Martinez). 521 D. Tribal Treaty...
Year 2022
Key Terms in Title or Summary Yes
Eric D. Eberhard, Professor from Practice FOREWORD 97 Washington Law Review 697 (October, 2022) This issue of Washington Law Review includes material from Part Two of the 34th Annual Indian Law Symposium that was held virtually on April 21 and 22, 2022. It was devoted to an in-depth review of the Final Draft of the Restatement of the Law of American Indians. With very few exceptions, the panelists and speakers at the Symposium were among the... 2022
Author Eric D. Eberhard, Professor from Practice
Title FOREWORD
Citation 97 Washington Law Review 697 (October, 2022)
Summary This issue of Washington Law Review includes material from Part Two of the 34th Annual Indian Law Symposium that was held virtually on April 21 and 22, 2022. It was devoted to an in-depth review of the Final Draft of the Restatement of the Law of American Indians. With very few exceptions, the panelists and speakers at the Symposium were among the...
Year 2022
Key Terms in Title or Summary
Victoria Roman FROM APOLOGY TO ACTION: A COMMENT ON TRANSITIONAL JUSTICE IN THE UNITED STATES AND CANADA 37 Maryland Journal of International Law 122 (2022) On September 30, 2021, National Day of Remembrance for Native Americans, Senator Elizabeth Warren (D-Mass) and the Co-Chairs of the Congressional Native American Caucus reintroduced The Truth and Healing Commission on Indian Boarding School Policies in the United States. U.S. Secretary of the Interior Deb Haaland (Laguna Pueblo) first introduced... 2022
Author Victoria Roman
Title FROM APOLOGY TO ACTION: A COMMENT ON TRANSITIONAL JUSTICE IN THE UNITED STATES AND CANADA
Citation 37 Maryland Journal of International Law 122 (2022)
Summary On September 30, 2021, National Day of Remembrance for Native Americans, Senator Elizabeth Warren (D-Mass) and the Co-Chairs of the Congressional Native American Caucus reintroduced The Truth and Healing Commission on Indian Boarding School Policies in the United States. U.S. Secretary of the Interior Deb Haaland (Laguna Pueblo) first introduced...
Year 2022
Key Terms in Title or Summary
Pippa Browde FROM ZERO-SUM TO ECONOMIC PARTNERS: REFRAMING STATE TAX POLICIES IN INDIAN COUNTRY IN THE POST-COVID ECONOMY 52 New Mexico Law Review 1 (Winter, 2022) The disparate impact COVID-19 has had on Indian Country reveals problems centuries in the making from the legacy of colonialism. One of those problems is state encroachment in Indian Country, including attempts to assert taxing authority within Indian Country. The issue of the reaches of state taxing authority in Indian Country has resulted in law... 2022
Author Pippa Browde
Title FROM ZERO-SUM TO ECONOMIC PARTNERS: REFRAMING STATE TAX POLICIES IN INDIAN COUNTRY IN THE POST-COVID ECONOMY
Citation 52 New Mexico Law Review 1 (Winter, 2022)
Summary The disparate impact COVID-19 has had on Indian Country reveals problems centuries in the making from the legacy of colonialism. One of those problems is state encroachment in Indian Country, including attempts to assert taxing authority within Indian Country. The issue of the reaches of state taxing authority in Indian Country has resulted in law...
Year 2022
Key Terms in Title or Summary
Hallie Ludsin FROZEN IN TIME: THE SUPREME COURT'S OUTDATED, INCOHERENT JURISPRUDENCE ON CONGRESSIONAL PLENARY POWER OVER IMMIGRATION 47 North Carolina Journal of International Law 433 (Spring, 2022) I. The Consequences of Congressional Plenary Power: Immigration Detention. 438 A. Due Process Standards for Non-Immigration Detention. 440 B. Detention under the Immigration and Nationality Act. 455 C. Distinctions between Noncitizens Detained under Immigration Law and All Other Nonpunitive Detainees. 462 II. Immigration Regulation as a Sovereign... 2022 Yes
Author Hallie Ludsin
Title FROZEN IN TIME: THE SUPREME COURT'S OUTDATED, INCOHERENT JURISPRUDENCE ON CONGRESSIONAL PLENARY POWER OVER IMMIGRATION
Citation 47 North Carolina Journal of International Law 433 (Spring, 2022)
Summary I. The Consequences of Congressional Plenary Power: Immigration Detention. 438 A. Due Process Standards for Non-Immigration Detention. 440 B. Detention under the Immigration and Nationality Act. 455 C. Distinctions between Noncitizens Detained under Immigration Law and All Other Nonpunitive Detainees. 462 II. Immigration Regulation as a Sovereign...
Year 2022
Key Terms in Title or Summary Yes
Denisse Córdova Montes, Tamar Ezer, Reem Ali, Kayla Bokzam, Renu Sara Nargund, Megan Norris, Maxwell Zoberman GENDER JUSTICE AND HUMAN RIGHTS SYMPOSIUM HOLISTIC APPROACHES TO GENDER VIOLENCE 30 University of Miami International and Comparative Law Review 217 (Fall, 2022) L1-2Background . L3218 I. Day 1. 222 A. Day 1 Welcome Remarks. 222 B. Introductory Panel. 224 C. Preventing GBV. 228 D. Systemic Accountability for GBV. 232 E. Access to Justice for GBV: How Should we Define Justice?. 237 F. Rethinking Protection to Mitigate GBV: Engaging Survivors and Offenders. 241 G. Day 1 Closing Remarks. 248 II. Day 2. 248 A.... 2022
Author Denisse Córdova Montes, Tamar Ezer, Reem Ali, Kayla Bokzam, Renu Sara Nargund, Megan Norris, Maxwell Zoberman
Title GENDER JUSTICE AND HUMAN RIGHTS SYMPOSIUM HOLISTIC APPROACHES TO GENDER VIOLENCE
Citation 30 University of Miami International and Comparative Law Review 217 (Fall, 2022)
Summary L1-2Background . L3218 I. Day 1. 222 A. Day 1 Welcome Remarks. 222 B. Introductory Panel. 224 C. Preventing GBV. 228 D. Systemic Accountability for GBV. 232 E. Access to Justice for GBV: How Should we Define Justice?. 237 F. Rethinking Protection to Mitigate GBV: Engaging Survivors and Offenders. 241 G. Day 1 Closing Remarks. 248 II. Day 2. 248 A....
Year 2022
Key Terms in Title or Summary
Grant Christensen GETTING COOLEY RIGHT: THE INHERENT CRIMINAL POWERS OF TRIBAL LAW ENFORCEMENT 56 U.C. Davis Law Review 467 (December, 2022) While the Supreme Court regularly decides cases defining the limits of the criminal jurisdiction of tribal courts, when it heard United States v. Cooley in 2021 it had not decided a case about the procedural powers of tribal law enforcement in more than a century. Across more than five decades lower courts at all levels struggled to decide whether... 2022
Author Grant Christensen
Title GETTING COOLEY RIGHT: THE INHERENT CRIMINAL POWERS OF TRIBAL LAW ENFORCEMENT
Citation 56 U.C. Davis Law Review 467 (December, 2022)
Summary While the Supreme Court regularly decides cases defining the limits of the criminal jurisdiction of tribal courts, when it heard United States v. Cooley in 2021 it had not decided a case about the procedural powers of tribal law enforcement in more than a century. Across more than five decades lower courts at all levels struggled to decide whether...
Year 2022
Key Terms in Title or Summary
Gregory Ablavsky GETTING PUBLIC RIGHTS WRONG: THE LOST HISTORY OF THE PRIVATE LAND CLAIMS 74 Stanford Law Review 277 (February, 2022) Abstract. Black-letter constitutional law distinguishes private rights, which must be litigated before an Article III tribunal, from public rights, which Congress may resolve through administrative adjudication. Yet both scholars and the Supreme Court have long struggled to define this distinction. Recently, many have turned to history for... 2022
Author Gregory Ablavsky
Title GETTING PUBLIC RIGHTS WRONG: THE LOST HISTORY OF THE PRIVATE LAND CLAIMS
Citation 74 Stanford Law Review 277 (February, 2022)
Summary Abstract. Black-letter constitutional law distinguishes private rights, which must be litigated before an Article III tribunal, from public rights, which Congress may resolve through administrative adjudication. Yet both scholars and the Supreme Court have long struggled to define this distinction. Recently, many have turned to history for...
Year 2022
Key Terms in Title or Summary
Adam Crepelle GETTING SMART ABOUT TRIBAL COMMERCIAL LAW: HOW SMART CONTRACTS CAN TRANSFORM TRIBAL ECONOMIES 46 Delaware Journal of Corporate Law 469 (2022) C1-2Table of Contents I. Introduction. 469 II. Tribal Sovereignty and Economic Development. 474 III. Tribal Institutions, Uncertainty, and Economic Development. 484 IV. Smart Contracts. 493 V. Smart Contracts and Tribal Institutions. 501 A. Smart Contracts as Contracts. 502 B. Smart Contracts and Secured Transactions. 508 C. Bureaucratic... 2022 Yes
Author Adam Crepelle
Title GETTING SMART ABOUT TRIBAL COMMERCIAL LAW: HOW SMART CONTRACTS CAN TRANSFORM TRIBAL ECONOMIES
Citation 46 Delaware Journal of Corporate Law 469 (2022)
Summary C1-2Table of Contents I. Introduction. 469 II. Tribal Sovereignty and Economic Development. 474 III. Tribal Institutions, Uncertainty, and Economic Development. 484 IV. Smart Contracts. 493 V. Smart Contracts and Tribal Institutions. 501 A. Smart Contracts as Contracts. 502 B. Smart Contracts and Secured Transactions. 508 C. Bureaucratic...
Year 2022
Key Terms in Title or Summary Yes
Melodie Meyer GOOD FIRE 37-FALL Natural Resources & Environment 30 (Fall, 2022) Several tribes have adopted adaptation plans and mitigation strategies in response to the climate crisis. These responses incorporate traditional ecological knowledge that seamlessly blends the most current scientific methods with time-honored cultural practices and ceremonies. Due to climate change, wildfires have increased across North America... 2022
Author Melodie Meyer
Title GOOD FIRE
Citation 37-FALL Natural Resources & Environment 30 (Fall, 2022)
Summary Several tribes have adopted adaptation plans and mitigation strategies in response to the climate crisis. These responses incorporate traditional ecological knowledge that seamlessly blends the most current scientific methods with time-honored cultural practices and ceremonies. Due to climate change, wildfires have increased across North America...
Year 2022
Key Terms in Title or Summary
Samantha J. Merrill GUIDED INTO JEOPARDY: HOW SOUTH DAKOTA'S FAILURE TO REGULATE THE ACTS OF HUNTING OUTFITTERS CAN INFLICT CRIMINAL LIABILITY AND BODILY HARM ON CLIENT-HUNTERS 67 South Dakota Law Review 280 (2022) Inexperienced hunters often rely on hunting outfitters to guide a successful hunt. However, some hunting outfitters use illegal tactics, often in violation of the Lacey Act or Migratory Bird Treaty Act, to increase the take of game to satisfy client-hunters. The violations of these federal laws have high criminal consequences, often imposing... 2022 Yes
Author Samantha J. Merrill
Title GUIDED INTO JEOPARDY: HOW SOUTH DAKOTA'S FAILURE TO REGULATE THE ACTS OF HUNTING OUTFITTERS CAN INFLICT CRIMINAL LIABILITY AND BODILY HARM ON CLIENT-HUNTERS
Citation 67 South Dakota Law Review 280 (2022)
Summary Inexperienced hunters often rely on hunting outfitters to guide a successful hunt. However, some hunting outfitters use illegal tactics, often in violation of the Lacey Act or Migratory Bird Treaty Act, to increase the take of game to satisfy client-hunters. The violations of these federal laws have high criminal consequences, often imposing...
Year 2022
Key Terms in Title or Summary Yes
Kirsten Matoy Carlson HISTORIC APPOINTMENT OF TRIBAL CITIZENS IN BIDEN ADMINISTRATION MAY INCREASE TRIBAL PARTICIPATION IN FEDERAL POLICYMAKING 69-APR Federal Lawyer 10 (March/April, 2022) American Indian and Alaska Native Nations have engaged with non-Indigenous governments since contact. As sovereign governments, they understand the importance of relationships with other governments, especially the United States. The impact of federal Indian laws and policies on tribal governments and American Indian and Alaska Native communities... 2022 Yes
Author Kirsten Matoy Carlson
Title HISTORIC APPOINTMENT OF TRIBAL CITIZENS IN BIDEN ADMINISTRATION MAY INCREASE TRIBAL PARTICIPATION IN FEDERAL POLICYMAKING
Citation 69-APR Federal Lawyer 10 (March/April, 2022)
Summary American Indian and Alaska Native Nations have engaged with non-Indigenous governments since contact. As sovereign governments, they understand the importance of relationships with other governments, especially the United States. The impact of federal Indian laws and policies on tribal governments and American Indian and Alaska Native communities...
Year 2022
Key Terms in Title or Summary Yes
Adam Crepelle HOLDING THE UNITED STATES LIABLE FOR INDIAN COUNTRY CRIME 31-SPG Kansas Journal of Law & Public Policy 223 (Spring, 2022) [A]ll Americans have the right to public safety and security, but it's preeminently a Federal responsibility to protect those rights in Indian Country. Police killings of unarmed African Americans have inspired calls to defund the police. Although the number of African Americans killed by police is troubling, Indians are killed by police at... 2022
Author Adam Crepelle
Title HOLDING THE UNITED STATES LIABLE FOR INDIAN COUNTRY CRIME
Citation 31-SPG Kansas Journal of Law & Public Policy 223 (Spring, 2022)
Summary [A]ll Americans have the right to public safety and security, but it's preeminently a Federal responsibility to protect those rights in Indian Country. Police killings of unarmed African Americans have inspired calls to defund the police. Although the number of African Americans killed by police is troubling, Indians are killed by police at...
Year 2022
Key Terms in Title or Summary
N. Lauryn Boston HON. ALLIE GREENLEAF MALDONADO 69-APR Federal Lawyer 16 (March/April, 2022) The reservation lands of the Little Traverse Bay Bands of Odawa Indians (LTBB Tribe) lie along the picturesque northern shores of Michigan's Lower Peninsula, where great white pine, red oak, and colorful sugar maple dominate the landscape of a region once called by the native Odawa the land of the crooked tree. It is here that the Hon. Allie... 2022
Author N. Lauryn Boston
Title HON. ALLIE GREENLEAF MALDONADO
Citation 69-APR Federal Lawyer 16 (March/April, 2022)
Summary The reservation lands of the Little Traverse Bay Bands of Odawa Indians (LTBB Tribe) lie along the picturesque northern shores of Michigan's Lower Peninsula, where great white pine, red oak, and colorful sugar maple dominate the landscape of a region once called by the native Odawa the land of the crooked tree. It is here that the Hon. Allie...
Year 2022
Key Terms in Title or Summary
Jaime M.N. Lavallee HOW TO BE BIASED IN THE CLASSROOM: KWAYESKASTASOWIN - SETTING THINGS RIGHT? 48 Mitchell Hamline Law Review 771 (May, 2022) Preface. 772 I. Introduction of Self. 773 A. Where Do You Come From?. 773 1. In The Beginning. 774 2. Taking Time Away. 775 B. Why Law?. 776 C. Where Are You Going?. 778 II. Methodology & Previous Good Ideas. 778 A. Why a Narrative?. 778 B. Previous Good Ideas: Development to Current Paper. 786 1. Previous Good Ideas. 786 2. Current Good... 2022
Author Jaime M.N. Lavallee
Title HOW TO BE BIASED IN THE CLASSROOM: KWAYESKASTASOWIN - SETTING THINGS RIGHT?
Citation 48 Mitchell Hamline Law Review 771 (May, 2022)
Summary Preface. 772 I. Introduction of Self. 773 A. Where Do You Come From?. 773 1. In The Beginning. 774 2. Taking Time Away. 775 B. Why Law?. 776 C. Where Are You Going?. 778 II. Methodology & Previous Good Ideas. 778 A. Why a Narrative?. 778 B. Previous Good Ideas: Development to Current Paper. 786 1. Previous Good Ideas. 786 2. Current Good...
Year 2022
Key Terms in Title or Summary
Guillermo J. Garcia Sanchez IN THE NAME OF ENERGY SOVEREIGNTY 63 Boston College Law Review 2475 (November, 2022) Introduction. 2477 I. Energy Sovereignty as a Tool to Explain Fragmentation in Global Energy Governance. 2484 II. Competing Energy Sovereignties in the USMCA. 2494 A. Energy Sovereignty Through Government. 2495 1. The Sovereign Right to Exploit Hydrocarbons. 2496 2. Essential Security Exceptions. 2499 B. Energy Sovereignty Through Market Access.... 2022 Yes
Author Guillermo J. Garcia Sanchez
Title IN THE NAME OF ENERGY SOVEREIGNTY
Citation 63 Boston College Law Review 2475 (November, 2022)
Summary Introduction. 2477 I. Energy Sovereignty as a Tool to Explain Fragmentation in Global Energy Governance. 2484 II. Competing Energy Sovereignties in the USMCA. 2494 A. Energy Sovereignty Through Government. 2495 1. The Sovereign Right to Exploit Hydrocarbons. 2496 2. Essential Security Exceptions. 2499 B. Energy Sovereignty Through Market Access....
Year 2022
Key Terms in Title or Summary Yes
Diane P. Wood INDIAN SOVEREIGNTY IN CONTEXT 2022 Wisconsin Law Review 211 (2022) Introduction. 211 I. Challenges for this Restatement. 212 II. Tribal Sovereignty: A Comparative Look. 213 III. Unsolved Problems. 221 2022 Yes
Author Diane P. Wood
Title INDIAN SOVEREIGNTY IN CONTEXT
Citation 2022 Wisconsin Law Review 211 (2022)
Summary Introduction. 211 I. Challenges for this Restatement. 212 II. Tribal Sovereignty: A Comparative Look. 213 III. Unsolved Problems. 221
Year 2022
Key Terms in Title or Summary Yes
Justin E. C. Tetrault INDIGENIZING PRISONS: A CANADIAN CASE STUDY 51 Crime and Justice 187 (2022) Mass incarceration of Indigenous peoples is a fundamental Canadian human rights problem. One response since the 1970s has been to Indigenize prisons by teaching Indigenous culture and history, facilitating spirituality, involving Elders and communities in rehabilitation, and creating special prisons called healing lodges. Criminologist... 2022
Author Justin E. C. Tetrault
Title INDIGENIZING PRISONS: A CANADIAN CASE STUDY
Citation 51 Crime and Justice 187 (2022)
Summary Mass incarceration of Indigenous peoples is a fundamental Canadian human rights problem. One response since the 1970s has been to Indigenize prisons by teaching Indigenous culture and history, facilitating spirituality, involving Elders and communities in rehabilitation, and creating special prisons called healing lodges. Criminologist...
Year 2022
Key Terms in Title or Summary
Wayne D. Garnons-Williams, Dalee Sambo Dorough, Heather Exner-Pirot, Kitty Gordon INDIGENOUS LEADERSHIP ON CLIMATE CHANGE AND THE ARCTIC 46 Canada-United States Law Journal 98 (2022) MR. STEPHEN PETRAS: Everyone, our final panel today will explore Indigenous leadership on climate change and the Arctic. Our moderator is Wayne D. Garnons-Williams, who is a practicing attorney in Canada and a true expert on Indigenous and First Nations laws. Wayne is the founding president of the Intertribal Trade Organization and chair of the... 2022
Author Wayne D. Garnons-Williams, Dalee Sambo Dorough, Heather Exner-Pirot, Kitty Gordon
Title INDIGENOUS LEADERSHIP ON CLIMATE CHANGE AND THE ARCTIC
Citation 46 Canada-United States Law Journal 98 (2022)
Summary MR. STEPHEN PETRAS: Everyone, our final panel today will explore Indigenous leadership on climate change and the Arctic. Our moderator is Wayne D. Garnons-Williams, who is a practicing attorney in Canada and a true expert on Indigenous and First Nations laws. Wayne is the founding president of the Intertribal Trade Organization and chair of the...
Year 2022
Key Terms in Title or Summary
Leonardo Figueroa Helland INDIGENOUS PATHWAYS BEYOND THE "ANTHROPOCENE": BIOCULTURAL CLIMATE JUSTICE THROUGH DECOLONIZATION AND LAND REMATRIATION 30 New York University Environmental Law Journal 347 (2022) I. The Spiritual Basis of Sacred Indigenous Relations to Land and Mother Earth. 350 II. To Nurture or Destroy Diversity? Indigenous Biocultures vs. Desacralizing Violences. 358 III. A Climate Crisis or a Problem of Colonialism? Defending Mother Earth at a High Cost. 372 IV. The Colonial Traps of Global Environmental Policy. 382 V. The Treacherous... 2022
Author Leonardo Figueroa Helland
Title INDIGENOUS PATHWAYS BEYOND THE "ANTHROPOCENE": BIOCULTURAL CLIMATE JUSTICE THROUGH DECOLONIZATION AND LAND REMATRIATION
Citation 30 New York University Environmental Law Journal 347 (2022)
Summary I. The Spiritual Basis of Sacred Indigenous Relations to Land and Mother Earth. 350 II. To Nurture or Destroy Diversity? Indigenous Biocultures vs. Desacralizing Violences. 358 III. A Climate Crisis or a Problem of Colonialism? Defending Mother Earth at a High Cost. 372 IV. The Colonial Traps of Global Environmental Policy. 382 V. The Treacherous...
Year 2022
Key Terms in Title or Summary
Adam J. Sulkowski INDIGENOUS SHARED GOVERNANCE, INTERNATIONAL LAW, MIXED USE, AND PRESERVING RAINFOREST DURING THE COVID-19 PANDEMIC 12 Arizona Journal of Environmental Law & Policy 127 (Spring, 2022) This article takes a transdisciplinary approach to examining a range of issues related to the topic of Indigenous shared governance. It examines concepts such as free prior informed consent and the role of international law in affecting local reality in the context of a specific illustrative example in South America in the Amazon biome: the... 2022
Author Adam J. Sulkowski
Title INDIGENOUS SHARED GOVERNANCE, INTERNATIONAL LAW, MIXED USE, AND PRESERVING RAINFOREST DURING THE COVID-19 PANDEMIC
Citation 12 Arizona Journal of Environmental Law & Policy 127 (Spring, 2022)
Summary This article takes a transdisciplinary approach to examining a range of issues related to the topic of Indigenous shared governance. It examines concepts such as free prior informed consent and the role of international law in affecting local reality in the context of a specific illustrative example in South America in the Amazon biome: the...
Year 2022
Key Terms in Title or Summary
Addie C. Rolnick INDIGENOUS SUBJECTS 131 Yale Law Journal 2652 (June, 2022) This Article tells the story of how race jurisprudence has become the most intractable threat to Indigenous rights--and to collective rights more broadly. It examines legal challenges to Indigenous self-determination and land rights in the U.S. territories. It is one of a handful of articles to address these cases and the only one to do so through... 2022
Author Addie C. Rolnick
Title INDIGENOUS SUBJECTS
Citation 131 Yale Law Journal 2652 (June, 2022)
Summary This Article tells the story of how race jurisprudence has become the most intractable threat to Indigenous rights--and to collective rights more broadly. It examines legal challenges to Indigenous self-determination and land rights in the U.S. territories. It is one of a handful of articles to address these cases and the only one to do so through...
Year 2022
Key Terms in Title or Summary
Anna Parks Muecke INTERNATIONAL CONSTRUCTION LAW: THE DEVELOPMENT OF THE BUSINESS AND HUMAN RIGHTS TREATY AND ITS IMPLICATIONS ON MIGRANT WORKERS 50 Georgia Journal of International and Comparative Law 548 (2022) C1-2Table of Contents I. Introduction. 549 A. Contemporary Issues in International Construction Law. 549 B. Outline of Argument. 549 II. Background. 551 A. The Business and Human Rights Treaty. 552 B. Construction Law, Generally. 553 i. Olympics. 554 ii. World Cup. 555 III. Analysis. 556 A. Migrant Workers in the Gulf. 557 B. Holding Companies... 2022 Yes
Author Anna Parks Muecke
Title INTERNATIONAL CONSTRUCTION LAW: THE DEVELOPMENT OF THE BUSINESS AND HUMAN RIGHTS TREATY AND ITS IMPLICATIONS ON MIGRANT WORKERS
Citation 50 Georgia Journal of International and Comparative Law 548 (2022)
Summary C1-2Table of Contents I. Introduction. 549 A. Contemporary Issues in International Construction Law. 549 B. Outline of Argument. 549 II. Background. 551 A. The Business and Human Rights Treaty. 552 B. Construction Law, Generally. 553 i. Olympics. 554 ii. World Cup. 555 III. Analysis. 556 A. Migrant Workers in the Gulf. 557 B. Holding Companies...
Year 2022
Key Terms in Title or Summary Yes
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