| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Stewart Chang |
Bridging Divides in Divisive Times: Revisiting the Massie-fortescue Affair |
42 University of Hawaii Law Review Rev. 4 (Spring, 2020) |
This Article revisits the infamous Massie-Fortescue rape and murder cases that occurred in Hawai'i during the 1930s, in order to challenge the methods by which race scholars have previously analyzed the case by relying on gender hierarchies. Thalia Massie, a white woman, accused five Hawaiians of gang raping her, even though they were of various; Search Snippet: ...fractured with time. Particularly in respect to the issue of native sovereignty and land rights, there are activists who are critical of... |
2020 |
|
| Author |
Stewart Chang |
| Title |
Bridging Divides in Divisive Times: Revisiting the Massie-fortescue Affair |
| Citation |
42 University of Hawaii Law Review Rev. 4 (Spring, 2020) |
| Summary |
This Article revisits the infamous Massie-Fortescue rape and murder cases that occurred in Hawai'i during the 1930s, in order to challenge the methods by which race scholars have previously analyzed the case by relying on gender hierarchies. Thalia Massie, a white woman, accused five Hawaiians of gang raping her, even though they were of various; Search Snippet: ...fractured with time. Particularly in respect to the issue of native sovereignty and land rights, there are activists who are critical of... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| D. A. Agyei |
Bridging the International Gap in the Protection of Folklore: Analysis of the Ghanaian Approach Against Comparative Experiences from Selected African Countries |
28 Texas Intellectual Property Law Journal 393 (2020) |
I am deeply thankful to the University of Michigan African Presidential Scholar program, the African Studies Center and the SJD and Research scholars of the University of Michigan for their support and help thorough this research. I am also grateful to Professor Jessica Litman of the University of Michigan for her valuable comments on this article; Search Snippet: ...also Rosemary J. Coombe, Intellectual Property Human Property, Human Rights & Sovereignty: New Dilemmas in International Law Posed by the Recognition of Indigenous Knowledge and the Conservation of Biodiversity , 6 . Ind. J. Global... |
2020 |
|
| Author |
D. A. Agyei |
| Title |
Bridging the International Gap in the Protection of Folklore: Analysis of the Ghanaian Approach Against Comparative Experiences from Selected African Countries |
| Citation |
28 Texas Intellectual Property Law Journal 393 (2020) |
| Summary |
I am deeply thankful to the University of Michigan African Presidential Scholar program, the African Studies Center and the SJD and Research scholars of the University of Michigan for their support and help thorough this research. I am also grateful to Professor Jessica Litman of the University of Michigan for her valuable comments on this article; Search Snippet: ...also Rosemary J. Coombe, Intellectual Property Human Property, Human Rights & Sovereignty: New Dilemmas in International Law Posed by the Recognition of Indigenous Knowledge and the Conservation of Biodiversity , 6 . Ind. J. Global... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Kathryn Kisska-Schulze , Corey Ciocchetti , Ralph Flick |
Case Baiting |
57 American Business Law Journal 321 (Summer, 2020) |
In 2014, New Jersey passed the Sports Wagering Act, permitting sports betting at state casino and racetrack venues, in direct conflict with the federal Professional and Amateur Sports Protection Act. In 2017, South Dakota passed Senate Bill 106, requiring that certain e-commerce retailers collect and remit sales tax, in violation of federal law; Search Snippet: ...that a Washington state fuel tax imposed upon a particular Native American tribe violated an 1855 treaty between the two parties). Although some of the cases in... |
2020 |
|
| Author |
Kathryn Kisska-Schulze , Corey Ciocchetti , Ralph Flick |
| Title |
Case Baiting |
| Citation |
57 American Business Law Journal 321 (Summer, 2020) |
| Summary |
In 2014, New Jersey passed the Sports Wagering Act, permitting sports betting at state casino and racetrack venues, in direct conflict with the federal Professional and Amateur Sports Protection Act. In 2017, South Dakota passed Senate Bill 106, requiring that certain e-commerce retailers collect and remit sales tax, in violation of federal law; Search Snippet: ...that a Washington state fuel tax imposed upon a particular Native American tribe violated an 1855 treaty between the two parties). Although some of the cases in... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
|
Case Summaries |
50 Environmental Law 773 (Summer, 2020) |
The Pacific Coast Federation of Fishermen's Association, along with recreationists, biologists, and conservation organizations (collectively, Association), filed a citizens suit against the United States Bureau of Reclamation and the San Luis & Delta Mendota Water Authority (collectively, defendants), alleging that a drainage system managed by the; Search Snippet: ...Isaac Stevens, then Governor of the Washington Territory, negotiated eleven treaties with tribes in the area that would become Washington State. [FN145] In... |
2020 |
|
| Author |
|
| Title |
Case Summaries |
| Citation |
50 Environmental Law 773 (Summer, 2020) |
| Summary |
The Pacific Coast Federation of Fishermen's Association, along with recreationists, biologists, and conservation organizations (collectively, Association), filed a citizens suit against the United States Bureau of Reclamation and the San Luis & Delta Mendota Water Authority (collectively, defendants), alleging that a drainage system managed by the; Search Snippet: ...Isaac Stevens, then Governor of the Washington Territory, negotiated eleven treaties with tribes in the area that would become Washington State. [FN145] In... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Deepa Das Acevedo, University of Alabama School of Law |
Changing the Subject of Sati |
43 PoLAR: Political and Legal Anthropology Review 37 (May, 2020) |
Charan Shah's 1999 death was widely considered to be the first sati, or widow immolation, to have occurred in India in over twenty years. Media coverage of the event focused on procedural minutiae--her sari, her demeanor--and ultimately, several progressive commentators came to the counterintuitive conclusion that the ritually anomalous nature of; Search Snippet: ...rights do the conventionally liberal-democratic work of affirming citizen sovereignty by limiting state action (Das Acevedo 2016, 556-57), others commit the state to actively reshaping how Indians treat one another (Austin [1999] 2008, 50). Article 15(2... |
2020 |
|
| Author |
Deepa Das Acevedo, University of Alabama School of Law |
| Title |
Changing the Subject of Sati |
| Citation |
43 PoLAR: Political and Legal Anthropology Review 37 (May, 2020) |
| Summary |
Charan Shah's 1999 death was widely considered to be the first sati, or widow immolation, to have occurred in India in over twenty years. Media coverage of the event focused on procedural minutiae--her sari, her demeanor--and ultimately, several progressive commentators came to the counterintuitive conclusion that the ritually anomalous nature of; Search Snippet: ...rights do the conventionally liberal-democratic work of affirming citizen sovereignty by limiting state action (Das Acevedo 2016, 556-57), others commit the state to actively reshaping how Indians treat one another (Austin [1999] 2008, 50). Article 15(2... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
|
Chapter Four Aloha 'Ina: Native Hawaiian Land Restitution |
133 Harvard Law Review 2148 (April, 2020) |
When I speak at this time of the Hawaiian people, I refer to the children of the soil--the native inhabitants of the Hawaiian Islands and their descendants. --Queen Lili'uokalani Mauna Kea, a dormant volcano on the island of Hawai'i, is home to sacred practices of the Native Hawaiian people--including the burial of sacred ancestors --and, of more; Search Snippet: ...equity, because it was obtained under duress. [FN52] Finally, despite Native Hawaiians' petitions in opposition, [FN53] President McKinley signed the Newlands... |
2020 |
|
| Author |
|
| Title |
Chapter Four Aloha 'Ina: Native Hawaiian Land Restitution |
| Citation |
133 Harvard Law Review 2148 (April, 2020) |
| Summary |
When I speak at this time of the Hawaiian people, I refer to the children of the soil--the native inhabitants of the Hawaiian Islands and their descendants. --Queen Lili'uokalani Mauna Kea, a dormant volcano on the island of Hawai'i, is home to sacred practices of the Native Hawaiian people--including the burial of sacred ancestors --and, of more; Search Snippet: ...equity, because it was obtained under duress. [FN52] Finally, despite Native Hawaiians' petitions in opposition, [FN53] President McKinley signed the Newlands... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Symeon C. Symeonides |
Choice of Law in the American Courts in 2019: Thirty-third Annual Survey |
68 American Journal of Comparative Law 235 (Summer, 2020) |
C1-2Table of Contents Introduction. 236 I. Supreme Court Decisions. 238 A. State Sovereign Immunity. 238 B. International Organization Immunity. 240 C. Other Supreme Court Cases. 241 II. Extraterritorial Reach of Federal Statutes. 242 A. Securities Acts. 243 B. Commodity Exchange Act. 244 C. Bankruptcy Code. 245 D. RICO. 246 E. Torture Victim; Search Snippet: ...the Federal Arbitration Act, [FN31] two cases involved interpretation of treaties with Indian tribes, [FN32] five cases involved interpretation of federal statutes or delineation... |
2020 |
|
| Author |
Symeon C. Symeonides |
| Title |
Choice of Law in the American Courts in 2019: Thirty-third Annual Survey |
| Citation |
68 American Journal of Comparative Law 235 (Summer, 2020) |
| Summary |
C1-2Table of Contents Introduction. 236 I. Supreme Court Decisions. 238 A. State Sovereign Immunity. 238 B. International Organization Immunity. 240 C. Other Supreme Court Cases. 241 II. Extraterritorial Reach of Federal Statutes. 242 A. Securities Acts. 243 B. Commodity Exchange Act. 244 C. Bankruptcy Code. 245 D. RICO. 246 E. Torture Victim; Search Snippet: ...the Federal Arbitration Act, [FN31] two cases involved interpretation of treaties with Indian tribes, [FN32] five cases involved interpretation of federal statutes or delineation... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Ottavio Quirico |
Climate Change, Regionalism, and Universalism: Elegy for the Arctic and the Antarctic? |
35 American University International Law Review 487 (2020) |
I. INTRODUCTION. 488 II. A LAND MASS SURROUNDED BY WATER: THE ANTARCTIC CIRCLE. 491 A. Frozen Customary Sovereign Claims. 491 B. The Potential of Climate Change to Unlock Sovereignty. 496 III. AN OCEAN SURROUNDED BY LAND: THE ARCTIC CIRCLE. 501 A. Effective Sovereign Claims under the Law of the Sea. 501 B. Expanding Sovereignty as a Consequence; Search Snippet: ...sovereign control). See Jessica Shadian, The Politics of Arctic Sovereignty: Oil, Ice and Inuit Governance , 187-88 (2014) (describing how the Arctic Council has failed to include traditional indigenous knowledge about climate change); see also Sheila Watt-Cloutier, The... |
2020 |
|
| Author |
Ottavio Quirico |
| Title |
Climate Change, Regionalism, and Universalism: Elegy for the Arctic and the Antarctic? |
| Citation |
35 American University International Law Review 487 (2020) |
| Summary |
I. INTRODUCTION. 488 II. A LAND MASS SURROUNDED BY WATER: THE ANTARCTIC CIRCLE. 491 A. Frozen Customary Sovereign Claims. 491 B. The Potential of Climate Change to Unlock Sovereignty. 496 III. AN OCEAN SURROUNDED BY LAND: THE ARCTIC CIRCLE. 501 A. Effective Sovereign Claims under the Law of the Sea. 501 B. Expanding Sovereignty as a Consequence; Search Snippet: ...sovereign control). See Jessica Shadian, The Politics of Arctic Sovereignty: Oil, Ice and Inuit Governance , 187-88 (2014) (describing how the Arctic Council has failed to include traditional indigenous knowledge about climate change); see also Sheila Watt-Cloutier, The... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Lisset M. Pino |
Colonizing History: Rice V. Cayetano and the Fight for Native Hawaiian Self-determination |
129 Yale Law Journal 2574 (June, 2020) |
Rice v. Cayetano involved a challenge to the voting qualifications for Hawai'i's Office of Hawaiian Affairs (OHA). Created during the 1978 Hawaiian Constitutional Convention, OHA manages lands held in trust for Native Hawaiians. To ensure OHA was representative of its constituents, voting for OHA trustees was initially restricted to; Search Snippet: ...Maoli activism during the 1970s, and the higher proportion of indigenous Hawaiians elected as delegates, contemporary accounts suggest that Knaka Maoli sovereignty and land claims were not popularly recognized as one of... |
2020 |
|
| Author |
Lisset M. Pino |
| Title |
Colonizing History: Rice V. Cayetano and the Fight for Native Hawaiian Self-determination |
| Citation |
129 Yale Law Journal 2574 (June, 2020) |
| Summary |
Rice v. Cayetano involved a challenge to the voting qualifications for Hawai'i's Office of Hawaiian Affairs (OHA). Created during the 1978 Hawaiian Constitutional Convention, OHA manages lands held in trust for Native Hawaiians. To ensure OHA was representative of its constituents, voting for OHA trustees was initially restricted to; Search Snippet: ...Maoli activism during the 1970s, and the higher proportion of indigenous Hawaiians elected as delegates, contemporary accounts suggest that Knaka Maoli sovereignty and land claims were not popularly recognized as one of... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Ryan M. Seidemann |
Colonizing the Dead: Former Colonial Nations' Treatment of Indigenous Peoples' Human Remains |
72 Baylor Law Review 271 (Spring, 2020) |
I. Introduction. 271 II. Human Skeletal Remains Research: The Pros and Cons. 274 III. The United States and Human Remains Law, 2004-2019. 279 IV. South Africa and Human Remains Law, 2004-2019. 282 V. Australia and Human Remains Law, 2004-2019. 285 VI. New Zealand and Human Remains Law, 2004-2019. 288 VII. Canada and Human Remains Law, 2004-2019; Search Snippet: ...any museum to affiliated Maori groups. Oddly, while many historic treaties are known for substantial adverse impacts on indigenous peoples, the 1840 Treaty of Waitangi provides a mechanism by which Maori may assert... |
2020 |
|
| Author |
Ryan M. Seidemann |
| Title |
Colonizing the Dead: Former Colonial Nations' Treatment of Indigenous Peoples' Human Remains |
| Citation |
72 Baylor Law Review 271 (Spring, 2020) |
| Summary |
I. Introduction. 271 II. Human Skeletal Remains Research: The Pros and Cons. 274 III. The United States and Human Remains Law, 2004-2019. 279 IV. South Africa and Human Remains Law, 2004-2019. 282 V. Australia and Human Remains Law, 2004-2019. 285 VI. New Zealand and Human Remains Law, 2004-2019. 288 VII. Canada and Human Remains Law, 2004-2019; Search Snippet: ...any museum to affiliated Maori groups. Oddly, while many historic treaties are known for substantial adverse impacts on indigenous peoples, the 1840 Treaty of Waitangi provides a mechanism by which Maori may assert... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Jasmine B. Gonzales Rose |
Color-blind but Not Color-deaf: Accent Discrimination in Jury Selection |
44 New York University Review of Law and Social Change 309 (2020) |
Every week brings a new story about racialized linguistic discrimination. It happens in restaurants, on public transportation, and in the street. It also happens behind closed courtroom doors during jury selection. While it is universally recognized that dismissing prospective jurors because they look like racial minorities is prohibited, it is too; Search Snippet: ...United States, [FN121] or even if a Chicanx's ancestors were indigenous to the Southwest prior to 1848 when the Treaty of Guadalupe Hidalgo made it part of the United States... |
2020 |
|
| Author |
Jasmine B. Gonzales Rose |
| Title |
Color-blind but Not Color-deaf: Accent Discrimination in Jury Selection |
| Citation |
44 New York University Review of Law and Social Change 309 (2020) |
| Summary |
Every week brings a new story about racialized linguistic discrimination. It happens in restaurants, on public transportation, and in the street. It also happens behind closed courtroom doors during jury selection. While it is universally recognized that dismissing prospective jurors because they look like racial minorities is prohibited, it is too; Search Snippet: ...United States, [FN121] or even if a Chicanx's ancestors were indigenous to the Southwest prior to 1848 when the Treaty of Guadalupe Hidalgo made it part of the United States... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Carly Gillespie |
Columbus's Legacy: Trafficking of Native American Women in the 21st Century |
71 South Carolina Law Review 685 (Spring, 2020) |
I. Introduction. 686 II. Background. 689 A. Statistics of Human Trafficking on Reservations, or Lack Thereof. 689 B. Categories of Intergenerational Trauma. 691 1. History of Oppression and Objectification. 691 2. Intergenerational Trauma. 695 C. Specific Vulnerabilities of Native Women. 696 D. Man Camps, Casinos, and Tourism. 698 III. Inadequacies; Search Snippet: ...become U.S. citizens until 1936. [FN82] In other states, however, Native Americans were not able to be citizens until the passage of the federal Indian Termination Act in 1953, which gave Native Americans full citizenship but effectively took away their sovereignty, land, and culture. [FN83] The mass genocide that Native Americans... |
2020 |
|
| Author |
Carly Gillespie |
| Title |
Columbus's Legacy: Trafficking of Native American Women in the 21st Century |
| Citation |
71 South Carolina Law Review 685 (Spring, 2020) |
| Summary |
I. Introduction. 686 II. Background. 689 A. Statistics of Human Trafficking on Reservations, or Lack Thereof. 689 B. Categories of Intergenerational Trauma. 691 1. History of Oppression and Objectification. 691 2. Intergenerational Trauma. 695 C. Specific Vulnerabilities of Native Women. 696 D. Man Camps, Casinos, and Tourism. 698 III. Inadequacies; Search Snippet: ...become U.S. citizens until 1936. [FN82] In other states, however, Native Americans were not able to be citizens until the passage of the federal Indian Termination Act in 1953, which gave Native Americans full citizenship but effectively took away their sovereignty, land, and culture. [FN83] The mass genocide that Native Americans... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| John Schelhas, Southern Research Station, U.S. Forest Service, Athens, Georgia |
Comment on "Race, Ethnicity, and Natural Resources in the United States: a Review" |
57 Rocky Mountain Mineral Law Foundation Journal 267 (2020) |
Nearly 20 years after writing this review article on race, ethnicity, and natural resources, my first observation is that the literature is now so vast that it is difficult to even summarize recent developments. I will instead direct my comments mostly to key themes, a few examples from my experience, and my enthusiasm for integrative approaches; Search Snippet: ...that has received considerable attention in both research and action. Tribes have been empowered to represent and enact their unique natural resource interests and sovereignty through both broadening awareness and policy changes. These changes build... |
2020 |
|
| Author |
John Schelhas, Southern Research Station, U.S. Forest Service, Athens, Georgia |
| Title |
Comment on "Race, Ethnicity, and Natural Resources in the United States: a Review" |
| Citation |
57 Rocky Mountain Mineral Law Foundation Journal 267 (2020) |
| Summary |
Nearly 20 years after writing this review article on race, ethnicity, and natural resources, my first observation is that the literature is now so vast that it is difficult to even summarize recent developments. I will instead direct my comments mostly to key themes, a few examples from my experience, and my enthusiasm for integrative approaches; Search Snippet: ...that has received considerable attention in both research and action. Tribes have been empowered to represent and enact their unique natural resource interests and sovereignty through both broadening awareness and policy changes. These changes build... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Derigan Silver , Dan V. Kozlowski |
Communication Law and Policy Research in Non-law Peer-reviewed Journals, 2010-2019: Trends and Observations |
25 Communication Law and Policy 293 (Summer, 2020) |
Started in 1995, Communication Law and Policy is a premier outlet for peer-reviewed research on communication law and policy. But what other outlets are there for research on communication law and policy topics? In particular, which non-law, peer-reviewed journals are publishing articles on communication law and policy? And what topics do these; Search Snippet: ...Mass Communication Monographs examined press freedom/freedom of expression and indigenous peoples, using rhetorical criticism to explore whether tribal journalists appeal... |
2020 |
|
| Author |
Derigan Silver , Dan V. Kozlowski |
| Title |
Communication Law and Policy Research in Non-law Peer-reviewed Journals, 2010-2019: Trends and Observations |
| Citation |
25 Communication Law and Policy 293 (Summer, 2020) |
| Summary |
Started in 1995, Communication Law and Policy is a premier outlet for peer-reviewed research on communication law and policy. But what other outlets are there for research on communication law and policy topics? In particular, which non-law, peer-reviewed journals are publishing articles on communication law and policy? And what topics do these; Search Snippet: ...Mass Communication Monographs examined press freedom/freedom of expression and indigenous peoples, using rhetorical criticism to explore whether tribal journalists appeal... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Esmeralda Colombo, Anastasia Giadrossi |
Comparative International Litigation and Climate Change: a Case Study on Access to Justice in Adaptation Matters |
81 University of Pittsburgh Law Review 527 (Spring, 2020) |
For the first time in the international climate regime, the Paris Agreement acknowledges the interconnection of climate action and human rights. In the aftermath of the 2019 Intergovernmental Panel on Climate Change (IPCC) Special Report on Climate Change and Land, the rights to food and to an adequate standard of living appear increasingly; Search Snippet: ...the indirect application of international law as applicable within the Indian legal order. Id. see also Nihal Jayawickrama, India in The Role of Domestic Courts in Treaty Enforcement: A Comparative Study 243, 246 (David Sloss ed., Cambridge... |
2020 |
|
| Author |
Esmeralda Colombo, Anastasia Giadrossi |
| Title |
Comparative International Litigation and Climate Change: a Case Study on Access to Justice in Adaptation Matters |
| Citation |
81 University of Pittsburgh Law Review 527 (Spring, 2020) |
| Summary |
For the first time in the international climate regime, the Paris Agreement acknowledges the interconnection of climate action and human rights. In the aftermath of the 2019 Intergovernmental Panel on Climate Change (IPCC) Special Report on Climate Change and Land, the rights to food and to an adequate standard of living appear increasingly; Search Snippet: ...the indirect application of international law as applicable within the Indian legal order. Id. see also Nihal Jayawickrama, India in The Role of Domestic Courts in Treaty Enforcement: A Comparative Study 243, 246 (David Sloss ed., Cambridge... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Farah Peterson |
Constitutionalism in Unexpected Places |
106 Virginia Law Review 559 (May, 2020) |
Before, during, and after the ratification of the Federal Constitution of 1787, Americans believed that they were governed under an unwritten constitution, a constitution that described an arrangement of power, confirmed ancient rights, and restricted government action. The existence of this unwritten constitution, and particularly its continuity,; Search Snippet: ...Violence is generated by this process Here, the objects are sovereignty over American soil, along with the claim to belonging or native status here, and authenticity as Americans, rather than Britons.... |
2020 |
|
| Author |
Farah Peterson |
| Title |
Constitutionalism in Unexpected Places |
| Citation |
106 Virginia Law Review 559 (May, 2020) |
| Summary |
Before, during, and after the ratification of the Federal Constitution of 1787, Americans believed that they were governed under an unwritten constitution, a constitution that described an arrangement of power, confirmed ancient rights, and restricted government action. The existence of this unwritten constitution, and particularly its continuity,; Search Snippet: ...Violence is generated by this process Here, the objects are sovereignty over American soil, along with the claim to belonging or native status here, and authenticity as Americans, rather than Britons.... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Genevieve Frances Steel |
Constructing the Trident of the Reasonable Person: Enough Is Enough! It's Time for the Reasonable Indian Standard |
12 Elon Law Review 62 (2020) |
I. Introduction. 64 II. Background. 68 A. American Indian Statistics. 68 B. Historical Trauma. 71 1. American Indian Genocide. 73 2. Colonization and Boarding Schools. 75 C. Trauma Affects Cognition, Emotional Control, and Reasoning. 77 D. Acculturation and Its Effect on Native Health. 81 III. The Reasonable Indian Standard. 84 A. The Reasonable; Search Snippet: ...Clause did not apply in the federal prosecution of an Indian defendant unless the source of his tribal prosecution was federal power); see also Tim Vollmann, Criminal Jurisdiction in Indian Country: Tribal Sovereignty and Defendants' Rights in Conflict , 22 U. Kan. L. Rev... |
2020 |
|
| Author |
Genevieve Frances Steel |
| Title |
Constructing the Trident of the Reasonable Person: Enough Is Enough! It's Time for the Reasonable Indian Standard |
| Citation |
12 Elon Law Review 62 (2020) |
| Summary |
I. Introduction. 64 II. Background. 68 A. American Indian Statistics. 68 B. Historical Trauma. 71 1. American Indian Genocide. 73 2. Colonization and Boarding Schools. 75 C. Trauma Affects Cognition, Emotional Control, and Reasoning. 77 D. Acculturation and Its Effect on Native Health. 81 III. The Reasonable Indian Standard. 84 A. The Reasonable; Search Snippet: ...Clause did not apply in the federal prosecution of an Indian defendant unless the source of his tribal prosecution was federal power); see also Tim Vollmann, Criminal Jurisdiction in Indian Country: Tribal Sovereignty and Defendants' Rights in Conflict , 22 U. Kan. L. Rev... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Kate Ricart |
Cooking Food Customs in the Pot of Self-governance: How Food Sovereignty Is a Necessary Ingredient of Tribal Sovereignty |
44 American Indian Law Review 369 (2020) |
Food is one of the essential ingredients of life, and humans consume it not only as a requirement for survival, but also as a social activity. Beyond that, food has become a marker of social class, community, and culture. In every corner of the world, food exists in different forms based on the availability of food resources in a community's; Search Snippet: ...Kate Ricart I. Introduction to Food as Related to an Indian Nation's Sovereignty Food is one of the essential ingredients of life, and... |
2020 |
Yes |
| Author |
Kate Ricart |
| Title |
Cooking Food Customs in the Pot of Self-governance: How Food Sovereignty Is a Necessary Ingredient of Tribal Sovereignty |
| Citation |
44 American Indian Law Review 369 (2020) |
| Summary |
Food is one of the essential ingredients of life, and humans consume it not only as a requirement for survival, but also as a social activity. Beyond that, food has become a marker of social class, community, and culture. In every corner of the world, food exists in different forms based on the availability of food resources in a community's; Search Snippet: ...Kate Ricart I. Introduction to Food as Related to an Indian Nation's Sovereignty Food is one of the essential ingredients of life, and... |
| Year |
2020 |
| Key Terms in Title or Summary |
Yes |
|
| Steven Arrigg Koh |
Core Criminal Procedure |
105 Minnesota Law Review 251 (November, 2020) |
Introduction. 252 I. Cross-Sovereign Criminal Procedural Line Drawing: Two Approaches. 258 A. The Core Criminal Procedure Approach. 261 1. Incorporation of the Bill of Rights. 261 2. International Human Rights with Criminal Procedural Guarantees. 265 3. Electronic Evidence. 269 B. The Outlier Approach. 270 1. Evidence Material to Conviction. 271 2; Search Snippet: ...U.S. government? see also Sarah H. Cleveland, Powers Inherent in Sovereignty: Indians, Aliens, Territories, and the Nineteenth Century Origins of Plenary Power... |
2020 |
|
| Author |
Steven Arrigg Koh |
| Title |
Core Criminal Procedure |
| Citation |
105 Minnesota Law Review 251 (November, 2020) |
| Summary |
Introduction. 252 I. Cross-Sovereign Criminal Procedural Line Drawing: Two Approaches. 258 A. The Core Criminal Procedure Approach. 261 1. Incorporation of the Bill of Rights. 261 2. International Human Rights with Criminal Procedural Guarantees. 265 3. Electronic Evidence. 269 B. The Outlier Approach. 270 1. Evidence Material to Conviction. 271 2; Search Snippet: ...U.S. government? see also Sarah H. Cleveland, Powers Inherent in Sovereignty: Indians, Aliens, Territories, and the Nineteenth Century Origins of Plenary Power... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Michael D. Ramsey |
Courts and Foreign Affairs: "Their Historic Role": Restoring the Global Judiciary: Why the Supreme Court Should Rule in U.s. Foreign Affairs. Martin S. Flaherty. Princeton: Princeton University Press, 2019. Pp. Xiv + 325. $35.00 (Hardcover) |
35 Constitutional Commentary 173 (Summer, 2020) |
In a November 2019 address to the Federalist Society's National Lawyers Convention, U.S. Attorney General William Barr declared (among other things) that U.S. courts have taken on too great a supervisory role over the President, especially in foreign affairs. Coincidentally, a book published two months earlier argued the exact opposite. In; Search Snippet: ...or ended; whether the United States continued to have a treaty with a foreign country; and whether a certain group of Native Americans constituted a tribe. Although jurists and scholars in that era often described these... |
2020 |
|
| Author |
Michael D. Ramsey |
| Title |
Courts and Foreign Affairs: "Their Historic Role": Restoring the Global Judiciary: Why the Supreme Court Should Rule in U.s. Foreign Affairs. Martin S. Flaherty. Princeton: Princeton University Press, 2019. Pp. Xiv + 325. $35.00 (Hardcover) |
| Citation |
35 Constitutional Commentary 173 (Summer, 2020) |
| Summary |
In a November 2019 address to the Federalist Society's National Lawyers Convention, U.S. Attorney General William Barr declared (among other things) that U.S. courts have taken on too great a supervisory role over the President, especially in foreign affairs. Coincidentally, a book published two months earlier argued the exact opposite. In; Search Snippet: ...or ended; whether the United States continued to have a treaty with a foreign country; and whether a certain group of Native Americans constituted a tribe. Although jurists and scholars in that era often described these... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Hannah Gordon |
Cowboys and Indians: Settler Colonialism and the Dog Whistle in U.s. Immigration Policy |
74 University of Miami Law Review 520 (Winter, 2020) |
The nineteenth-century Indian problem has become the twenty-first century border crisis. While the United States fancies itself a nation of immigrants, this rhetoric is impossible to square with the reality of the systematic exclusion of migrants of color. In particular, the Trump administration has taken the exclusion of migrants descended from; Search Snippet: ...is the justification for genocide writ large. [FN48] The very sovereignty of the United States is based upon the hypothesis that... |
2020 |
|
| Author |
Hannah Gordon |
| Title |
Cowboys and Indians: Settler Colonialism and the Dog Whistle in U.s. Immigration Policy |
| Citation |
74 University of Miami Law Review 520 (Winter, 2020) |
| Summary |
The nineteenth-century Indian problem has become the twenty-first century border crisis. While the United States fancies itself a nation of immigrants, this rhetoric is impossible to square with the reality of the systematic exclusion of migrants of color. In particular, the Trump administration has taken the exclusion of migrants descended from; Search Snippet: ...is the justification for genocide writ large. [FN48] The very sovereignty of the United States is based upon the hypothesis that... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Christine Y. LeBel |
Coyote Imitates Mountain Lion: a Tribute (And Thank You) to Dean Suagee |
34-WTR Natural Resources & Environment Env't 2 (Winter, 2020) |
Dear Mr. Suagee, the letter read. Thank you for speaking with me this morning about the complexities of environmental justice, Indian tribes, and Superfund. It was 1993. I was still a law student, working on environmental justice issues during a D.C. internship. Some wise soul--I don't recall who--had referred me to Dean Suagee as a recognized; Search Snippet: ...was a great friend to many, in particular the many tribes he tirelessly helped to build environmental and cultural-resource regulatory... |
2020 |
|
| Author |
Christine Y. LeBel |
| Title |
Coyote Imitates Mountain Lion: a Tribute (And Thank You) to Dean Suagee |
| Citation |
34-WTR Natural Resources & Environment Env't 2 (Winter, 2020) |
| Summary |
Dear Mr. Suagee, the letter read. Thank you for speaking with me this morning about the complexities of environmental justice, Indian tribes, and Superfund. It was 1993. I was still a law student, working on environmental justice issues during a D.C. internship. Some wise soul--I don't recall who--had referred me to Dean Suagee as a recognized; Search Snippet: ...was a great friend to many, in particular the many tribes he tirelessly helped to build environmental and cultural-resource regulatory... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Katherine Belzowski , Lilian L. Schwales |
Cracking the Code |
56-AUG Arizona Attorney 48 (July/August, 2020) |
Business owners interested in operating on the Navajo Nation (Nation) must contend with the unique challenges of on-Nation business leasing. For most, talk about trust land, tribal jurisdiction and tribal council is enough toOO make them turn around, take their business and run. Business owners do not want to have to be experts in federal Indian; Search Snippet: ...was being endowed with title by virtue of discovery, the Indian nations that occupied the land were divested of their rights to complete sovereignty as independent nations. [FN2] The Indians nation's power to dispose... |
2020 |
|
| Author |
Katherine Belzowski , Lilian L. Schwales |
| Title |
Cracking the Code |
| Citation |
56-AUG Arizona Attorney 48 (July/August, 2020) |
| Summary |
Business owners interested in operating on the Navajo Nation (Nation) must contend with the unique challenges of on-Nation business leasing. For most, talk about trust land, tribal jurisdiction and tribal council is enough toOO make them turn around, take their business and run. Business owners do not want to have to be experts in federal Indian; Search Snippet: ...was being endowed with title by virtue of discovery, the Indian nations that occupied the land were divested of their rights to complete sovereignty as independent nations. [FN2] The Indians nation's power to dispose... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Mehrsa Baradaran |
Credit, Morality, and the Small-dollar Loan |
55 Harvard Civil Rights-Civil Liberties Law Review 63 (Winter, 2020) |
Modern jurisprudence and regulation of small-dollar lending is centered on a consumer protection framework. State and federal agencies and regulators monitor lender behavior, policing fraudulent activity, lack of disclosure, or predation. However, for most of American history, the relevant legal framework relating to small-dollar lending was the; Search Snippet: ...Nathalie Martin & Joshua Schwartz, The Alliance Between Payday Lenders and Tribes: Are Both Tribal Sovereignty and Consumer Protection at Risk? , 69 Wash. & Lee L. Rev... |
2020 |
|
| Author |
Mehrsa Baradaran |
| Title |
Credit, Morality, and the Small-dollar Loan |
| Citation |
55 Harvard Civil Rights-Civil Liberties Law Review 63 (Winter, 2020) |
| Summary |
Modern jurisprudence and regulation of small-dollar lending is centered on a consumer protection framework. State and federal agencies and regulators monitor lender behavior, policing fraudulent activity, lack of disclosure, or predation. However, for most of American history, the relevant legal framework relating to small-dollar lending was the; Search Snippet: ...Nathalie Martin & Joshua Schwartz, The Alliance Between Payday Lenders and Tribes: Are Both Tribal Sovereignty and Consumer Protection at Risk? , 69 Wash. & Lee L. Rev... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Jack M. Beermann |
Crisis? Whose Crisis? |
61 William and Mary Law Review 931 (March, 2020) |
Every moment in human history can be characterized by someone as socially and politically charged. For a large portion of the population of the United States, nearly the entire history of the country has been socially and politically charged, first because they were enslaved and then because they were subjected to discriminatory laws and unequal; Search Snippet: ...Supreme Court answered in the negative, declaring that the American Indian tribes, while possessing a degree of sovereignty over their lands within the borders of the United States... |
2020 |
|
| Author |
Jack M. Beermann |
| Title |
Crisis? Whose Crisis? |
| Citation |
61 William and Mary Law Review 931 (March, 2020) |
| Summary |
Every moment in human history can be characterized by someone as socially and politically charged. For a large portion of the population of the United States, nearly the entire history of the country has been socially and politically charged, first because they were enslaved and then because they were subjected to discriminatory laws and unequal; Search Snippet: ...Supreme Court answered in the negative, declaring that the American Indian tribes, while possessing a degree of sovereignty over their lands within the borders of the United States... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Fozia Nazir Lone |
Cross-fertilization of Westphalian Approaches to International Law: Third World Studies and a New Era of International Law Scholarship |
34 Emory International Law Review 955 (2020) |
The positivist normative content of Western international law was developed among powerful Western states and later extended to non-Western states. Within this contextual framework, it is argued that Third World Approaches to International Law (TWAIL) scholars, in their criticism of international law as a colonial product, extended it beyond the; Search Snippet: ...on the concept of the Hindu philosophy of dharma [FN194] Indian scholars even contended that the concept of sovereignty was well established in dharma , and that such concept is... |
2020 |
|
| Author |
Fozia Nazir Lone |
| Title |
Cross-fertilization of Westphalian Approaches to International Law: Third World Studies and a New Era of International Law Scholarship |
| Citation |
34 Emory International Law Review 955 (2020) |
| Summary |
The positivist normative content of Western international law was developed among powerful Western states and later extended to non-Western states. Within this contextual framework, it is argued that Third World Approaches to International Law (TWAIL) scholars, in their criticism of international law as a colonial product, extended it beyond the; Search Snippet: ...on the concept of the Hindu philosophy of dharma [FN194] Indian scholars even contended that the concept of sovereignty was well established in dharma , and that such concept is... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Sammy Matsaw , Dylan Hedden-Nicely , Barbara Cosens |
Cultural Linguistics and Treaty Language: a Modernized Approach to Interpreting Treaty Language to Capture the Tribe's Understanding |
50 Environmental Law 415 (Spring, 2020) |
Language is a reflection of a thought world. A worldview that has been shaped by place to describe one's identity in space and time does not equate to species relatedness as a default to know one another. In the legal system of the United States, there is acknowledgement of treaties in colonized lands that there are rights granted from the tribes; Search Snippet: ...ENVIRONMENTAL LAW Environmental Law Spring, 2020 Article CULTURAL LINGUISTICS AND TREATY LANGUAGE: A MODERNIZED APPROACH TO INTERPRETING TREATY LANGUAGE TO CAPTURE THE TRIBE'S UNDERSTANDING [FNa1] Sammy Matsaw [FNa2] Dylan Hedden-Nicely [FNaa1] Barbara... |
2020 |
Yes |
| Author |
Sammy Matsaw , Dylan Hedden-Nicely , Barbara Cosens |
| Title |
Cultural Linguistics and Treaty Language: a Modernized Approach to Interpreting Treaty Language to Capture the Tribe's Understanding |
| Citation |
50 Environmental Law 415 (Spring, 2020) |
| Summary |
Language is a reflection of a thought world. A worldview that has been shaped by place to describe one's identity in space and time does not equate to species relatedness as a default to know one another. In the legal system of the United States, there is acknowledgement of treaties in colonized lands that there are rights granted from the tribes; Search Snippet: ...ENVIRONMENTAL LAW Environmental Law Spring, 2020 Article CULTURAL LINGUISTICS AND TREATY LANGUAGE: A MODERNIZED APPROACH TO INTERPRETING TREATY LANGUAGE TO CAPTURE THE TRIBE'S UNDERSTANDING [FNa1] Sammy Matsaw [FNa2] Dylan Hedden-Nicely [FNaa1] Barbara... |
| Year |
2020 |
| Key Terms in Title or Summary |
Yes |
|
| Gerald Torres |
Decolonization: Treaties, Resource Use, and Environmental Conservation |
91 University of Colorado Law Review 709 (Spring, 2020) |
Introduction. 709 I. Treaties and Competing Sovereign Claims. 716 II. The Washington Litigation. 721 III. Obligations on the State: The Implied Environmental Content of the Treaty. 726 A. The Foundation of the State's Environmental Duty. 726 B. Habit Protection: Implied Servitudes?. 728 IV. The Supreme Court and the Range of Environmental Duties; Search Snippet: ...themselves get to determine their interests. As I discuss below, treaties create special obligations for the federal government and represent pre... |
2020 |
Yes |
| Author |
Gerald Torres |
| Title |
Decolonization: Treaties, Resource Use, and Environmental Conservation |
| Citation |
91 University of Colorado Law Review 709 (Spring, 2020) |
| Summary |
Introduction. 709 I. Treaties and Competing Sovereign Claims. 716 II. The Washington Litigation. 721 III. Obligations on the State: The Implied Environmental Content of the Treaty. 726 A. The Foundation of the State's Environmental Duty. 726 B. Habit Protection: Implied Servitudes?. 728 IV. The Supreme Court and the Range of Environmental Duties; Search Snippet: ...themselves get to determine their interests. As I discuss below, treaties create special obligations for the federal government and represent pre... |
| Year |
2020 |
| Key Terms in Title or Summary |
Yes |
|
| Amna A. Akbar |
Demands for a Democratic Political Economy |
134 Harvard Law Review Forum 90 (December 1, 2020) |
Those who profess to favor freedom and yet deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. They want the ocean without the awful roar of its many waters .. Power concedes nothing without a demand. It never did and it never will. --Frederick Douglass, 1857 We are living in a; Search Snippet: ...essential work. [FN130] Making a distinctly urgent claim to land, Indigenous organizers are asserting environmental justice as Indigenous sovereignty. [FN131] The NDN Collective's just-launched landback campaign calls for... |
2020 |
|
| Author |
Amna A. Akbar |
| Title |
Demands for a Democratic Political Economy |
| Citation |
134 Harvard Law Review Forum 90 (December 1, 2020) |
| Summary |
Those who profess to favor freedom and yet deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. They want the ocean without the awful roar of its many waters .. Power concedes nothing without a demand. It never did and it never will. --Frederick Douglass, 1857 We are living in a; Search Snippet: ...essential work. [FN130] Making a distinctly urgent claim to land, Indigenous organizers are asserting environmental justice as Indigenous sovereignty. [FN131] The NDN Collective's just-launched landback campaign calls for... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| A. Mechele Dickerson |
Designing Slavery Reparations: Lessons from Complex Litigation |
98 Texas Law Review 1255 (June, 2020) |
Ten years ago, the U.S. Senate and House of Representatives enacted resolutions that apologized to Black Americans on behalf of the people of the United States[] for the wrongs committed against them and their ancestors who suffered under slavery and Jim Crow laws. Despite acknowledging the fundamental injustice, cruelty, brutality, and; Search Snippet: ...States and its citizens. [FN45] Though partially designed to encourage Native Americans to assimilate fully into the dominant culture, the ICC... |
2020 |
|
| Author |
A. Mechele Dickerson |
| Title |
Designing Slavery Reparations: Lessons from Complex Litigation |
| Citation |
98 Texas Law Review 1255 (June, 2020) |
| Summary |
Ten years ago, the U.S. Senate and House of Representatives enacted resolutions that apologized to Black Americans on behalf of the people of the United States[] for the wrongs committed against them and their ancestors who suffered under slavery and Jim Crow laws. Despite acknowledging the fundamental injustice, cruelty, brutality, and; Search Snippet: ...States and its citizens. [FN45] Though partially designed to encourage Native Americans to assimilate fully into the dominant culture, the ICC... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|