| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Binendri Perera |
People's Movements as a Strand of Popular Constitutionalism: Driving Forces, Distinctive Features, and Dilemmas |
29 Washington International Law Journal 341 (April, 2020) |
Constitutional democracies claim themselves to be constructed upon the will of the people. As the agency gap between the rulers and the ruled widens, people are increasingly more frustrated and compelled to actively take a stand. Advances of technology and social mobilization give increasing opportunities for the people to directly; Search Snippet: ...also extremely progressive in its incorporation of international human rights treaties, enshrinement of economic, social and cultural rights, women's rights and indigenous rights. [FN55] However, the executive branch consists of a president... |
2020 |
|
| Author |
Binendri Perera |
| Title |
People's Movements as a Strand of Popular Constitutionalism: Driving Forces, Distinctive Features, and Dilemmas |
| Citation |
29 Washington International Law Journal 341 (April, 2020) |
| Summary |
Constitutional democracies claim themselves to be constructed upon the will of the people. As the agency gap between the rulers and the ruled widens, people are increasingly more frustrated and compelled to actively take a stand. Advances of technology and social mobilization give increasing opportunities for the people to directly; Search Snippet: ...also extremely progressive in its incorporation of international human rights treaties, enshrinement of economic, social and cultural rights, women's rights and indigenous rights. [FN55] However, the executive branch consists of a president... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Jeremy A. Siegman, Harvard University |
Playing with Antagonists: the Politics of Humor in Israeli-palestinian Market Encounters |
43 PoLAR: Political and Legal Anthropology Review 103 (May, 2020) |
This article identifies playful antagonism as a defining mode of rare Israeli-Palestinian encounters in Israeli settlement businesses. It is based on ethnographic work primarily in an Israeli settlement supermarket where the lowest-paid workers are mostly occupied Palestinians. This playful antagonism characterizes heated; Search Snippet: ...387). Anthropologists have complicated Wolfe's settler logics through attention to indigenous sovereignty (Cattelino 2008; Simpson 2014); and, in Palestine, to the everyday... |
2020 |
|
| Author |
Jeremy A. Siegman, Harvard University |
| Title |
Playing with Antagonists: the Politics of Humor in Israeli-palestinian Market Encounters |
| Citation |
43 PoLAR: Political and Legal Anthropology Review 103 (May, 2020) |
| Summary |
This article identifies playful antagonism as a defining mode of rare Israeli-Palestinian encounters in Israeli settlement businesses. It is based on ethnographic work primarily in an Israeli settlement supermarket where the lowest-paid workers are mostly occupied Palestinians. This playful antagonism characterizes heated; Search Snippet: ...387). Anthropologists have complicated Wolfe's settler logics through attention to indigenous sovereignty (Cattelino 2008; Simpson 2014); and, in Palestine, to the everyday... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Matthew L.M. Fletcher |
Politics, Indian Law, and the Constitution |
108 California Law Review 495 (April, 2020) |
The question of whether Congress may create legal classifications based on Indian status under the Fifth Amendment's Due Process Clause is reaching a critical point. Critics claim the Constitution allows no room to create race-or ancestry-based legal classifications. The critics are wrong. When it comes to Indian affairs, the Constitution is not; Search Snippet: ...the Reconstruction Congress. Between 1866 and 1875, Congress singled out Natives for special treatment in scores of statutes and treaties In addition, the Fourteenth Amendment itself acknowledges that Indians may continue to be singled out, excluding Indians not taxed for apportionment purposes. U.S. Const. amend. XIV, §... |
2020 |
|
| Author |
Matthew L.M. Fletcher |
| Title |
Politics, Indian Law, and the Constitution |
| Citation |
108 California Law Review 495 (April, 2020) |
| Summary |
The question of whether Congress may create legal classifications based on Indian status under the Fifth Amendment's Due Process Clause is reaching a critical point. Critics claim the Constitution allows no room to create race-or ancestry-based legal classifications. The critics are wrong. When it comes to Indian affairs, the Constitution is not; Search Snippet: ...the Reconstruction Congress. Between 1866 and 1875, Congress singled out Natives for special treatment in scores of statutes and treaties In addition, the Fourteenth Amendment itself acknowledges that Indians may continue to be singled out, excluding Indians not taxed for apportionment purposes. U.S. Const. amend. XIV, §... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Zoe Cometti |
Possibilities of Limiting the Protection of Large-scale Investments in Farmland |
21 German Law Journal 1198 (September, 2020) |
Large-scale investments in farmland can generate adverse effects on food security, minority groups, and the environment. Consequently, this Article analyzes to what extent international investment law has the potential to prevent those effects, considering the current investment treaty reform towards a symmetrical; Search Snippet: ...pointed out by the Special Rapporteur on the rights of indigenous peoples, investment treaty arbitral tribunals do not apply human rights and indigenous peoples' rights as sources of applicable law. [FN156] It is... |
2020 |
|
| Author |
Zoe Cometti |
| Title |
Possibilities of Limiting the Protection of Large-scale Investments in Farmland |
| Citation |
21 German Law Journal 1198 (September, 2020) |
| Summary |
Large-scale investments in farmland can generate adverse effects on food security, minority groups, and the environment. Consequently, this Article analyzes to what extent international investment law has the potential to prevent those effects, considering the current investment treaty reform towards a symmetrical; Search Snippet: ...pointed out by the Special Rapporteur on the rights of indigenous peoples, investment treaty arbitral tribunals do not apply human rights and indigenous peoples' rights as sources of applicable law. [FN156] It is... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Lillian K. Glenister |
Preserving Maunakea under International Law: a Draft Petition to the Inter-american Commission on Human Rights on Behalf of Kealoha Pisciotta and Hawai'i's Knaka Maoli Community |
56 California Western Law Review 399 (Spring, 2020) |
C1-2Table of Contents Summary of Petition. 400 Draft Petition to the Inter-American Commission on Human Rights on Behalf of Kealoha Pisciotta and Hawai'i's Knaka Maoli Community. 403 Introduction. 403 I. The Petitioners. 406 II. Factual and Procedural Background. 407 A. Significance of Maunakea to Knaka Maoli. 407 B. The TMT Project. 409 C; Search Snippet: ...Knaka Maoli have acted to express their cultural and political sovereignty in many ways, their protests over the construction of a... |
2020 |
|
| Author |
Lillian K. Glenister |
| Title |
Preserving Maunakea under International Law: a Draft Petition to the Inter-american Commission on Human Rights on Behalf of Kealoha Pisciotta and Hawai'i's Knaka Maoli Community |
| Citation |
56 California Western Law Review 399 (Spring, 2020) |
| Summary |
C1-2Table of Contents Summary of Petition. 400 Draft Petition to the Inter-American Commission on Human Rights on Behalf of Kealoha Pisciotta and Hawai'i's Knaka Maoli Community. 403 Introduction. 403 I. The Petitioners. 406 II. Factual and Procedural Background. 407 A. Significance of Maunakea to Knaka Maoli. 407 B. The TMT Project. 409 C; Search Snippet: ...Knaka Maoli have acted to express their cultural and political sovereignty in many ways, their protests over the construction of a... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Eric S. Janus |
Preventing Sexual Violence: Alternatives to Worrying about Recidivism |
103 Marquette Law Review 819 (Spring, 2020) |
I. Introduction. 819 II. How We Got Here: A Short History. 825 III. Frightening and High. 827 A. The Sex Offender as Other. 828 B. The Sex Offender as Serial Predator. 830 IV. The Myth of the Serial Predator. 832 A. The Frightening and High Myth Grossly Exaggerates Sexual Recidivism. 832 B. Sex Offenders are Heterogeneous with Respect to; Search Snippet: ...women could be raped. Sarah Deer, Decolonizing Rape Law: A Native Feminist Synthesis of Safety and Sovereignty , 24 Wicazo Sa Rev. 149, 151 (2009). Women minorities remain... |
2020 |
|
| Author |
Eric S. Janus |
| Title |
Preventing Sexual Violence: Alternatives to Worrying about Recidivism |
| Citation |
103 Marquette Law Review 819 (Spring, 2020) |
| Summary |
I. Introduction. 819 II. How We Got Here: A Short History. 825 III. Frightening and High. 827 A. The Sex Offender as Other. 828 B. The Sex Offender as Serial Predator. 830 IV. The Myth of the Serial Predator. 832 A. The Frightening and High Myth Grossly Exaggerates Sexual Recidivism. 832 B. Sex Offenders are Heterogeneous with Respect to; Search Snippet: ...women could be raped. Sarah Deer, Decolonizing Rape Law: A Native Feminist Synthesis of Safety and Sovereignty , 24 Wicazo Sa Rev. 149, 151 (2009). Women minorities remain... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
|
Procedural Means of Enforcement under 42 U.s.c. § 1983 |
49 Georgetown Law Journal Annual Review of Criminal Procedure 1211 (2020) |
Scope of § 1983. Under 42 U.S.C. § 1983, a prisoner may seek redress against state and local (but not federal ) officials when a person acting under color of state law deprives the prisoner of rights guaranteed by the Constitution or federal laws. The Court has provided at least three categories of conduct that satisfy § 1983's under color of; Search Snippet: ...577 (10th Cir. 2015) (no cognizable § 1983 claim under treaty between United States and Native American tribe); Burban v. City of Neptune Beach, Fla., 920 F.3d... |
2020 |
|
| Author |
|
| Title |
Procedural Means of Enforcement under 42 U.s.c. § 1983 |
| Citation |
49 Georgetown Law Journal Annual Review of Criminal Procedure 1211 (2020) |
| Summary |
Scope of § 1983. Under 42 U.S.C. § 1983, a prisoner may seek redress against state and local (but not federal ) officials when a person acting under color of state law deprives the prisoner of rights guaranteed by the Constitution or federal laws. The Court has provided at least three categories of conduct that satisfy § 1983's under color of; Search Snippet: ...577 (10th Cir. 2015) (no cognizable § 1983 claim under treaty between United States and Native American tribe); Burban v. City of Neptune Beach, Fla., 920 F.3d... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Angela C. Carmella |
Progressive Religion and Free Exercise Exemptions |
68 University of Kansas Law Review 535 (March, 2020) |
Progressive religious causes have grown increasingly visible during the Trump presidency. Dr. Scott Warren, volunteering with a Unitarian ministry, is arrested for giving food and water to border crossers in Arizona and charged with felony harboring. Catholic nuns in Pennsylvania try to stop the installation of a natural gas pipeline across their; Search Snippet: ...of Native Americans often do not. The religious practices of Native American tribes are protected, if at all, by a complex web of treaty, constitutional, and statutory laws. [FN352] Though it is difficult to... |
2020 |
|
| Author |
Angela C. Carmella |
| Title |
Progressive Religion and Free Exercise Exemptions |
| Citation |
68 University of Kansas Law Review 535 (March, 2020) |
| Summary |
Progressive religious causes have grown increasingly visible during the Trump presidency. Dr. Scott Warren, volunteering with a Unitarian ministry, is arrested for giving food and water to border crossers in Arizona and charged with felony harboring. Catholic nuns in Pennsylvania try to stop the installation of a natural gas pipeline across their; Search Snippet: ...of Native Americans often do not. The religious practices of Native American tribes are protected, if at all, by a complex web of treaty, constitutional, and statutory laws. [FN352] Though it is difficult to... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Tyler Yeargain |
Prosecutorial Disassociation |
47 American Journal of Criminal Law 85 (Spring, 2020) |
Introduction. 86 I. The History and Development of Prosecutors' Associations. 87 A. Institutional Histories. 87 B. Statutory Power. 92 II. Prosecutors' Associations as Interest Groups. 96 A. Lobbying. 97 B. Electioneering. 104 C. Participation in Litigation. 110 III. Progressive Prosecutors and Prosecutors' Associations. 114 A. The Rise of the; Search Snippet: ...Murphy , a recently-decided case that will greatly affect the sovereignty of Native American tribes in Oklahoma and the viability of state-level prosecutions in... |
2020 |
|
| Author |
Tyler Yeargain |
| Title |
Prosecutorial Disassociation |
| Citation |
47 American Journal of Criminal Law 85 (Spring, 2020) |
| Summary |
Introduction. 86 I. The History and Development of Prosecutors' Associations. 87 A. Institutional Histories. 87 B. Statutory Power. 92 II. Prosecutors' Associations as Interest Groups. 96 A. Lobbying. 97 B. Electioneering. 104 C. Participation in Litigation. 110 III. Progressive Prosecutors and Prosecutors' Associations. 114 A. The Rise of the; Search Snippet: ...Murphy , a recently-decided case that will greatly affect the sovereignty of Native American tribes in Oklahoma and the viability of state-level prosecutions in... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Christopher Barbera |
Protecting Native Human Rights During Natural Disasters Through Free, Prior, and Informed Consent: a Case Study on Arguing Fpic as a Tool for Human Rights |
48 Denver Journal of International Law and Policy 107 (Summer, 2020) |
It is an established principle of disaster preparedness that the involvement of local communities in disaster risk reduction and emergency planning processes greatly increases that community's resilience in the face of natural disasters. Communities often have unique hazards, strengths, internal dynamics and politics, response capabilities, and; Search Snippet: ...Part I discusses the FEMA TCP, its legislative history, and Native self-determination and sovereignty in the context of Federal Indian Law. The section then examines how the concept of FPIC... |
2020 |
|
| Author |
Christopher Barbera |
| Title |
Protecting Native Human Rights During Natural Disasters Through Free, Prior, and Informed Consent: a Case Study on Arguing Fpic as a Tool for Human Rights |
| Citation |
48 Denver Journal of International Law and Policy 107 (Summer, 2020) |
| Summary |
It is an established principle of disaster preparedness that the involvement of local communities in disaster risk reduction and emergency planning processes greatly increases that community's resilience in the face of natural disasters. Communities often have unique hazards, strengths, internal dynamics and politics, response capabilities, and; Search Snippet: ...Part I discusses the FEMA TCP, its legislative history, and Native self-determination and sovereignty in the context of Federal Indian Law. The section then examines how the concept of FPIC... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Sadie Normoyle |
Protecting Water Quality Through Tribal Treaty Fishing Rights: an Analysis of Idaho's Fish Consumption Rate |
10 Arizona Journal of Environmental Law & Policy 444 (Summer, 2020) |
Salmon remain an integral part of culture, religion, and subsistence for tribes in the Pacific Northwest, which, unsurprisingly, results in more salmon consumed by tribal members than other groups in the area. Because of this increased consumption, human health impacts from toxins in the fish are higher for tribal populations. Fish consumption; Search Snippet: ...protect human health. This article addresses whether the Columbia River tribes can use their treaty fishing rights to require more stringent water quality standards in... |
2020 |
Yes |
| Author |
Sadie Normoyle |
| Title |
Protecting Water Quality Through Tribal Treaty Fishing Rights: an Analysis of Idaho's Fish Consumption Rate |
| Citation |
10 Arizona Journal of Environmental Law & Policy 444 (Summer, 2020) |
| Summary |
Salmon remain an integral part of culture, religion, and subsistence for tribes in the Pacific Northwest, which, unsurprisingly, results in more salmon consumed by tribal members than other groups in the area. Because of this increased consumption, human health impacts from toxins in the fish are higher for tribal populations. Fish consumption; Search Snippet: ...protect human health. This article addresses whether the Columbia River tribes can use their treaty fishing rights to require more stringent water quality standards in... |
| Year |
2020 |
| Key Terms in Title or Summary |
Yes |
|
| Ryan V. Petty |
Protections for Traditional Knowledge under State Common Law and Constitutional Law |
26 Boston University Journal of Science and Technology Law 120 (Winter, 2020) |
Introduction. 121 I. Preemption Issues with Intellectual Property. 124 A. Patents. 125 B. Copyright. 127 1. Section 301(a) (preemption). 127 2. Section 301(b)-(c) (non-preemption). 128 3. Moral rights. 129 C. Trademark. 131 D. Trade Secret. 133 E. How to Survive Federal IP Law Preemption. 136 II. Preemption Issues with Native American Tribes. 137; Search Snippet: ...Commerce Clause. [FN156] This case capped years of dwindling tribal sovereignty wins in the Supreme Court by holding that the Indian Commerce Clause of the Constitution imposed no judicially enforceable restraints... |
2020 |
|
| Author |
Ryan V. Petty |
| Title |
Protections for Traditional Knowledge under State Common Law and Constitutional Law |
| Citation |
26 Boston University Journal of Science and Technology Law 120 (Winter, 2020) |
| Summary |
Introduction. 121 I. Preemption Issues with Intellectual Property. 124 A. Patents. 125 B. Copyright. 127 1. Section 301(a) (preemption). 127 2. Section 301(b)-(c) (non-preemption). 128 3. Moral rights. 129 C. Trademark. 131 D. Trade Secret. 133 E. How to Survive Federal IP Law Preemption. 136 II. Preemption Issues with Native American Tribes. 137; Search Snippet: ...Commerce Clause. [FN156] This case capped years of dwindling tribal sovereignty wins in the Supreme Court by holding that the Indian Commerce Clause of the Constitution imposed no judicially enforceable restraints... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Adam J. MacLeod |
Public Rights after Oil States Energy |
95 Notre Dame Law Review 1281 (January, 2020) |
The concept of public rights plays an important role in the jurisprudence of the Supreme Court of the United States. But as the decision in Oil States last Term revealed, the Court has often used the term to refer to three different concepts with different jurisprudential implications. Using insights drawn from historical and analytical; Search Snippet: ...FN13] federal regulation of employment contracts and other commerce, [FN14] native tribal sovereignty, [FN15] and other areas of law that implicate both private... |
2020 |
|
| Author |
Adam J. MacLeod |
| Title |
Public Rights after Oil States Energy |
| Citation |
95 Notre Dame Law Review 1281 (January, 2020) |
| Summary |
The concept of public rights plays an important role in the jurisprudence of the Supreme Court of the United States. But as the decision in Oil States last Term revealed, the Court has often used the term to refer to three different concepts with different jurisprudential implications. Using insights drawn from historical and analytical; Search Snippet: ...FN13] federal regulation of employment contracts and other commerce, [FN14] native tribal sovereignty, [FN15] and other areas of law that implicate both private... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Robert L. Tsai |
Racial Purges |
118 Michigan Law Review 1127 (April, 2020) |
The Chinese Must Go: Violence, Exclusion, and the Making of the Alien in America. By Beth Lew-Williams. Cambridge and London: Harvard University Press. 2018. Pp. 244. $24.95. On the rainy morning of November 3, 1885, some 500 armed white men visited the home and business of every single Chinese person living in Tacoma, Washington. As the skies; Search Snippet: ...keep out and hunt for unauthorized Chinese migrants, or when indigenous tribes were systematically deprived of sovereignty and their members forcibly relocated to reservations. [FN92] Legalized expulsions... |
2020 |
|
| Author |
Robert L. Tsai |
| Title |
Racial Purges |
| Citation |
118 Michigan Law Review 1127 (April, 2020) |
| Summary |
The Chinese Must Go: Violence, Exclusion, and the Making of the Alien in America. By Beth Lew-Williams. Cambridge and London: Harvard University Press. 2018. Pp. 244. $24.95. On the rainy morning of November 3, 1885, some 500 armed white men visited the home and business of every single Chinese person living in Tacoma, Washington. As the skies; Search Snippet: ...keep out and hunt for unauthorized Chinese migrants, or when indigenous tribes were systematically deprived of sovereignty and their members forcibly relocated to reservations. [FN92] Legalized expulsions... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Clifford B. Parkinson , The Honorable Dee V. Benson |
Raconteur, Bon Vivant, Senior Judge: a Tribute to Monroe Mckay |
33-AUG Utah Bar Journal 14 (July/August, 2020) |
In an interview some thirty years ago, Judge Monroe G. McKay of the Tenth Circuit Court of Appeals said, I hope to serve my full term as a judge - they are appointed for life, you know. On March 28, 2020, at the age of 91, Judge McKay realized that hope, passing away peacefully while still active as a senior judge for the circuit. Just two weeks; Search Snippet: ...Considering the case en banc , the majority held that the Tribe did have the authority to tax and explained that chief among the powers of sovereignty recognized as pertaining to an Indian tribe is the power of taxation. Id. at 544 While the... |
2020 |
|
| Author |
Clifford B. Parkinson , The Honorable Dee V. Benson |
| Title |
Raconteur, Bon Vivant, Senior Judge: a Tribute to Monroe Mckay |
| Citation |
33-AUG Utah Bar Journal 14 (July/August, 2020) |
| Summary |
In an interview some thirty years ago, Judge Monroe G. McKay of the Tenth Circuit Court of Appeals said, I hope to serve my full term as a judge - they are appointed for life, you know. On March 28, 2020, at the age of 91, Judge McKay realized that hope, passing away peacefully while still active as a senior judge for the circuit. Just two weeks; Search Snippet: ...Considering the case en banc , the majority held that the Tribe did have the authority to tax and explained that chief among the powers of sovereignty recognized as pertaining to an Indian tribe is the power of taxation. Id. at 544 While the... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Tiyanjana Maluwa |
Reassessing Aspects of the Contribution of African States to the Development of International Law Through African Regional Multilateral Treaties |
41 Michigan Journal of International Law 327 (2020) |
The role of international law in Africa--and Africa's contribution to international law's development--has been the subject of scholarly debate in the decades since the first wave of African countries gained independence from colonial rule in the early 1960s. Two related, but facially contradictory, concerns have emerged from these debates over; Search Snippet: ...this respect: It represented the first time that an African indigenous people's collective rights over traditionally owned land were legally recognized by an international treaty body; the African Commission ordered the government to pay a... |
2020 |
Yes |
| Author |
Tiyanjana Maluwa |
| Title |
Reassessing Aspects of the Contribution of African States to the Development of International Law Through African Regional Multilateral Treaties |
| Citation |
41 Michigan Journal of International Law 327 (2020) |
| Summary |
The role of international law in Africa--and Africa's contribution to international law's development--has been the subject of scholarly debate in the decades since the first wave of African countries gained independence from colonial rule in the early 1960s. Two related, but facially contradictory, concerns have emerged from these debates over; Search Snippet: ...this respect: It represented the first time that an African indigenous people's collective rights over traditionally owned land were legally recognized by an international treaty body; the African Commission ordered the government to pay a... |
| Year |
2020 |
| Key Terms in Title or Summary |
Yes |
|
| Scott W. Stern |
Rebuilding Trust: Climate Change, Indian Communities, and a Right to Resettlement |
47 Ecology Law Quarterly 179 (2020) |
According to most estimates, more than one hundred million people will be permanently displaced by climate change by 2050. Among the people most at risk of displacement are American Indians. If the government does nothing, or simply does not do enough, hundreds of Indian communities across the United States will be destroyed, the members of these; Search Snippet: ...it. It guarantees Indian communities relocation as communities Emerging from treaty obligations and the foundational Indian law cases of the 1830s, the federal trust duty today... |
2020 |
|
| Author |
Scott W. Stern |
| Title |
Rebuilding Trust: Climate Change, Indian Communities, and a Right to Resettlement |
| Citation |
47 Ecology Law Quarterly 179 (2020) |
| Summary |
According to most estimates, more than one hundred million people will be permanently displaced by climate change by 2050. Among the people most at risk of displacement are American Indians. If the government does nothing, or simply does not do enough, hundreds of Indian communities across the United States will be destroyed, the members of these; Search Snippet: ...it. It guarantees Indian communities relocation as communities Emerging from treaty obligations and the foundational Indian law cases of the 1830s, the federal trust duty today... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Mariam Hashmi |
Recent Challenges to the Indian Child Welfare Act Suggest it Is Time for the United States Supreme Court to Act: Indian Survival Depends on it |
21 Rutgers Race & the Law Review 149 (2020) |
Congress enacted the Indian Child Welfare Act of 1978 (ICWA) in response to the removal of Indian children from their homes, and to protect the best interests of Indian tribes and families. The United States Supreme Court has been reluctant to hear challenges to the ICWA but with the increase in challenges in the lower courts, and a major setback; Search Snippet: ...of this Note begins with a historical context of tribal sovereignty which designates tribes as separate and independent political communities that have a right... |
2020 |
|
| Author |
Mariam Hashmi |
| Title |
Recent Challenges to the Indian Child Welfare Act Suggest it Is Time for the United States Supreme Court to Act: Indian Survival Depends on it |
| Citation |
21 Rutgers Race & the Law Review 149 (2020) |
| Summary |
Congress enacted the Indian Child Welfare Act of 1978 (ICWA) in response to the removal of Indian children from their homes, and to protect the best interests of Indian tribes and families. The United States Supreme Court has been reluctant to hear challenges to the ICWA but with the increase in challenges in the lower courts, and a major setback; Search Snippet: ...of this Note begins with a historical context of tribal sovereignty which designates tribes as separate and independent political communities that have a right... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Michael Doran |
Redefining Tribal Sovereignty for the Era of Fundamental Rights |
95 Indiana Law Journal 87 (Winter, 2020) |
This Article explains a longstanding problem in federal Indian law. For two centuries, the U.S. Supreme Court has repeatedly acknowledged the retained, inherent sovereignty of American Indian tribes. But more recently, the Court has developed the implicit-divestiture theory to deny tribal governments criminal and civil jurisdiction over nonmembers,; Search Snippet: ...the U.S. Supreme Court has repeatedly acknowledged the retained, inherent sovereignty of American Indian tribes. But more recently, the Court has developed the implicit-divestiture... |
2020 |
Yes |
| Author |
Michael Doran |
| Title |
Redefining Tribal Sovereignty for the Era of Fundamental Rights |
| Citation |
95 Indiana Law Journal 87 (Winter, 2020) |
| Summary |
This Article explains a longstanding problem in federal Indian law. For two centuries, the U.S. Supreme Court has repeatedly acknowledged the retained, inherent sovereignty of American Indian tribes. But more recently, the Court has developed the implicit-divestiture theory to deny tribal governments criminal and civil jurisdiction over nonmembers,; Search Snippet: ...the U.S. Supreme Court has repeatedly acknowledged the retained, inherent sovereignty of American Indian tribes. But more recently, the Court has developed the implicit-divestiture... |
| Year |
2020 |
| Key Terms in Title or Summary |
Yes |
|
| Jonodev Chaudhuri |
Reflection on Mcgirt V. Oklahoma |
134 Harvard Law Review Forum 82 (November 20, 2020) |
My Mvskoke family lives in a world of stories. My mother immersed me in these stories. Until her untimely death, Mom did all that she could to keep my brother, my cousin, and me connected to our traditions and instill in us a sense of what it means to be Muscogee. The fact that we lived out of state made no difference. Some of her efforts were; Search Snippet: ...Gorsuch wrote: Today we are asked whether the land these treaties promised remains an Indian reservation for purposes of federal criminal law. Because Congress has... |
2020 |
|
| Author |
Jonodev Chaudhuri |
| Title |
Reflection on Mcgirt V. Oklahoma |
| Citation |
134 Harvard Law Review Forum 82 (November 20, 2020) |
| Summary |
My Mvskoke family lives in a world of stories. My mother immersed me in these stories. Until her untimely death, Mom did all that she could to keep my brother, my cousin, and me connected to our traditions and instill in us a sense of what it means to be Muscogee. The fact that we lived out of state made no difference. Some of her efforts were; Search Snippet: ...Gorsuch wrote: Today we are asked whether the land these treaties promised remains an Indian reservation for purposes of federal criminal law. Because Congress has... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Kermit V. Lipez |
Reflections on the Church/state Puzzle |
72 Maine Law Review 325 (2020) |
I. INTRODUCTION II. MASTERPIECE CAKESHOP: THE FIGHT FOR RELIGIOUS EXCEPTIONS TO PUBLIC ACCOMMODATIONS LAWS A. Precedent: Employment Division v. Smith B. Masterpiece Cakeshop's Sidestep C. The Portent of Masterpiece Cakeshop III. TRINITY LUTHERAN: THE ASCENDENCY OF THE FREE EXERCISE CLAUSE OVER THE ESTABLISHMENT CLAUSE A. Accommodation for Religious; Search Snippet: ...the President to proclaim days of prayer and thanksgiving, the Indian treaties under which Congress paid the salaries of priests and clergy... |
2020 |
|
| Author |
Kermit V. Lipez |
| Title |
Reflections on the Church/state Puzzle |
| Citation |
72 Maine Law Review 325 (2020) |
| Summary |
I. INTRODUCTION II. MASTERPIECE CAKESHOP: THE FIGHT FOR RELIGIOUS EXCEPTIONS TO PUBLIC ACCOMMODATIONS LAWS A. Precedent: Employment Division v. Smith B. Masterpiece Cakeshop's Sidestep C. The Portent of Masterpiece Cakeshop III. TRINITY LUTHERAN: THE ASCENDENCY OF THE FREE EXERCISE CLAUSE OVER THE ESTABLISHMENT CLAUSE A. Accommodation for Religious; Search Snippet: ...the President to proclaim days of prayer and thanksgiving, the Indian treaties under which Congress paid the salaries of priests and clergy... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| John T. Holden |
Regulating Sports Wagering |
105 Iowa Law Review 575 (January, 2020) |
The Supreme Court decision in Murphy v. National Collegiate Athletic Association has opened a door that has remained closed for more than a quarter century, allowing states to begin legalizing sports gaming. State lawmakers' excitement in seeking a new way to generate revenue is palpable through the more than 25 different bills that have; Search Snippet: ...Supreme Court was tasked with addressing the scope of tribal sovereignty in the realm of gaming in California v. Cabazon Band of Mission Indians [FN239] The Cabazon case centered on two California tribes with... |
2020 |
|
| Author |
John T. Holden |
| Title |
Regulating Sports Wagering |
| Citation |
105 Iowa Law Review 575 (January, 2020) |
| Summary |
The Supreme Court decision in Murphy v. National Collegiate Athletic Association has opened a door that has remained closed for more than a quarter century, allowing states to begin legalizing sports gaming. State lawmakers' excitement in seeking a new way to generate revenue is palpable through the more than 25 different bills that have; Search Snippet: ...Supreme Court was tasked with addressing the scope of tribal sovereignty in the realm of gaming in California v. Cabazon Band of Mission Indians [FN239] The Cabazon case centered on two California tribes with... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
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| Margaret Schaff, J.D. |
Regulation of Electric Utilities on Indian Reservations: Tribal Governments' Oversight of Renewable Energy Development and Utility Providers and Authority to Create Tribal Utilities |
41 Energy Law Journal 261 (2020) |
Synopsis: Indian tribes are sovereign governments who have obligations to their members. As with any government, a basic need of a tribal government is to assure the public has cost effective and reliable utility services, safe and appropriate infrastructure on their lands, and fair access to voting for representation on elected utility boards and; Search Snippet: ...Indian tribe inhabiting it, and not with the states. [FN46] Tribes have inherent sovereign authority in Indian Country to regulate entities doing business on tribal lands as an essential attribute of Indian sovereignty; it is a necessary instrument of self-government and territorial... |
2020 |
|
| Author |
Margaret Schaff, J.D. |
| Title |
Regulation of Electric Utilities on Indian Reservations: Tribal Governments' Oversight of Renewable Energy Development and Utility Providers and Authority to Create Tribal Utilities |
| Citation |
41 Energy Law Journal 261 (2020) |
| Summary |
Synopsis: Indian tribes are sovereign governments who have obligations to their members. As with any government, a basic need of a tribal government is to assure the public has cost effective and reliable utility services, safe and appropriate infrastructure on their lands, and fair access to voting for representation on elected utility boards and; Search Snippet: ...Indian tribe inhabiting it, and not with the states. [FN46] Tribes have inherent sovereign authority in Indian Country to regulate entities doing business on tribal lands as an essential attribute of Indian sovereignty; it is a necessary instrument of self-government and territorial... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Dipika Jain, Payal K. Shah |
Reimagining Reproductive Rights Jurisprudence in India: Reflections on the Recent Decisions on Privacy and Gender Equality from the Supreme Court of India |
39 Columbia Journal of Gender and Law L. 1 (Spring, 2020) |
In July 2018, twenty-year-old Sarita approached the Supreme Court of India seeking permission to terminate her twenty-five-week pregnancy. Sarita was a domestic violence survivor and suffered from other health complications due to epilepsy. She had learned of her pregnancy at seventeen weeks and her petition stated that she had become pregnant as a; Search Snippet: ...states take measures to eliminate discrimination on multiple axes. [FN226] Treaty monitoring bodies have established that states should take extra efforts... |
2020 |
|
| Author |
Dipika Jain, Payal K. Shah |
| Title |
Reimagining Reproductive Rights Jurisprudence in India: Reflections on the Recent Decisions on Privacy and Gender Equality from the Supreme Court of India |
| Citation |
39 Columbia Journal of Gender and Law L. 1 (Spring, 2020) |
| Summary |
In July 2018, twenty-year-old Sarita approached the Supreme Court of India seeking permission to terminate her twenty-five-week pregnancy. Sarita was a domestic violence survivor and suffered from other health complications due to epilepsy. She had learned of her pregnancy at seventeen weeks and her petition stated that she had become pregnant as a; Search Snippet: ...states take measures to eliminate discrimination on multiple axes. [FN226] Treaty monitoring bodies have established that states should take extra efforts... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Haochen Sun |
Reinvigorating the Human Right to Technology |
41 Michigan Journal of International Law 279 (2020) |
The right to technology is a forgotten human right. Dating back to 1948, the right was established by the Universal Declaration of Human Rights (UDHR) in response to the massive destruction wrought by technologically advanced weapons in the Second World War. The UDHR states that [e]veryone has the right . to share in scientific advancement and; Search Snippet: ...Id . United Nations Declaration on the Rights of Indigenous Peoples, Discussion Guide: Acknowledging Truths, Winter 2018 PPH Reading( [M]ost human rights treaties reflect an individualistic concept of rights and rights-holders. But... |
2020 |
|
| Author |
Haochen Sun |
| Title |
Reinvigorating the Human Right to Technology |
| Citation |
41 Michigan Journal of International Law 279 (2020) |
| Summary |
The right to technology is a forgotten human right. Dating back to 1948, the right was established by the Universal Declaration of Human Rights (UDHR) in response to the massive destruction wrought by technologically advanced weapons in the Second World War. The UDHR states that [e]veryone has the right . to share in scientific advancement and; Search Snippet: ...Id . United Nations Declaration on the Rights of Indigenous Peoples, Discussion Guide: Acknowledging Truths, Winter 2018 PPH Reading( [M]ost human rights treaties reflect an individualistic concept of rights and rights-holders. But... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Valorie E. Douglas |
Reparations 4.0: Trading in Older Models for a New Vehicle |
62 Arizona Law Review 839 (Fall, 2020) |
Reparations reappeared in the news even before the murders of George Floyd, Breonna Taylor, Ahmaud Arbery, and others made headlines as modern-day lynchings. As data continue to show the perpetuation of social and economic harm and hardship that Black Americans suffer for being Black Americans, notions of fairness and justice suggest redress for; Search Snippet: ...reparations occurred in the United States when Congress created the Indian Claims Commission in 1946, which had jurisdiction to hear and resolve claims resulting from unfair takings and other treaty breaches between the United States and Native nations and tribes. [FN47] A third example was the Civil Liberties Act of... |
2020 |
|
| Author |
Valorie E. Douglas |
| Title |
Reparations 4.0: Trading in Older Models for a New Vehicle |
| Citation |
62 Arizona Law Review 839 (Fall, 2020) |
| Summary |
Reparations reappeared in the news even before the murders of George Floyd, Breonna Taylor, Ahmaud Arbery, and others made headlines as modern-day lynchings. As data continue to show the perpetuation of social and economic harm and hardship that Black Americans suffer for being Black Americans, notions of fairness and justice suggest redress for; Search Snippet: ...reparations occurred in the United States when Congress created the Indian Claims Commission in 1946, which had jurisdiction to hear and resolve claims resulting from unfair takings and other treaty breaches between the United States and Native nations and tribes. [FN47] A third example was the Civil Liberties Act of... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Robert Alan Hershey |
Repatriation of Sacred Native American Cultural Belongings from Historical Racism |
56-AUG Arizona Attorney 40 (July/August, 2020) |
The Hopi Tribe and other Puebloan societies continue to fight French auction-houses that promote sales of sacred belongings that these Native Nations assert are critical to their customary heritages. Tribes elsewhere have been alertedDD to other potential national and international auctions that could foster disappearances of their own cultural; Search Snippet: ...applied only to items found on federal lands. The American Indian Religious Freedoms Act (AIRFA) has no teeth; the United Nations Educational, Scientific, and Cultural Organization (UNESCO) Treaty does not prevent the export of sacred Native artifacts; the Native American Graves Protection and Repatriation Act (NAGPRA) is a mechanism... |
2020 |
|
| Author |
Robert Alan Hershey |
| Title |
Repatriation of Sacred Native American Cultural Belongings from Historical Racism |
| Citation |
56-AUG Arizona Attorney 40 (July/August, 2020) |
| Summary |
The Hopi Tribe and other Puebloan societies continue to fight French auction-houses that promote sales of sacred belongings that these Native Nations assert are critical to their customary heritages. Tribes elsewhere have been alertedDD to other potential national and international auctions that could foster disappearances of their own cultural; Search Snippet: ...applied only to items found on federal lands. The American Indian Religious Freedoms Act (AIRFA) has no teeth; the United Nations Educational, Scientific, and Cultural Organization (UNESCO) Treaty does not prevent the export of sacred Native artifacts; the Native American Graves Protection and Repatriation Act (NAGPRA) is a mechanism... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Ariane Frosh |
Reproducing Equality: How Covid-19 Can Strengthen Abortion Rights |
68 UCLA Law Review Discourse 80 (2020) |
States hostile to reproductive freedom have weaponized the COVID-19 pandemic to ban abortion in the name of public safety. Relying on heightened power the state typically exercises during an emergency, it can capitalize on public panic to achieve its policy goals. By laying bare the racial inequities of our healthcare systems and the opportunistic; Search Snippet: ...of civil liberties during a national security crisis); Laurence H. Tribe & Patrick O. Gudridge, The Anti-Emergency Constitution , 113 Yale L.J... |
2020 |
|
| Author |
Ariane Frosh |
| Title |
Reproducing Equality: How Covid-19 Can Strengthen Abortion Rights |
| Citation |
68 UCLA Law Review Discourse 80 (2020) |
| Summary |
States hostile to reproductive freedom have weaponized the COVID-19 pandemic to ban abortion in the name of public safety. Relying on heightened power the state typically exercises during an emergency, it can capitalize on public panic to achieve its policy goals. By laying bare the racial inequities of our healthcare systems and the opportunistic; Search Snippet: ...of civil liberties during a national security crisis); Laurence H. Tribe & Patrick O. Gudridge, The Anti-Emergency Constitution , 113 Yale L.J... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Daniel Farber |
Requiem for a Heavyweight: the Decline and Fall of Lucas V. South Carolina Coastal Council |
71 Florida Law Review Forum 212 (2020) |
Property rights advocates hailed Lucas v. South Carolina Coastal Council. They hoped Justice Antonin Scalia's opinion for the Supreme Court would revolutionize interpretation of the Constitution's takings clause and finally fulfill its potential as a vehicle for deregulation. On its face, the ruling seemed to dramatically expand the scope of; Search Snippet: ...familiar background principles, including customary rights of beach access; [FN24] native Hawaiian food gathering rights (a decision invoking the Aloha spirit... |
2020 |
|
| Author |
Daniel Farber |
| Title |
Requiem for a Heavyweight: the Decline and Fall of Lucas V. South Carolina Coastal Council |
| Citation |
71 Florida Law Review Forum 212 (2020) |
| Summary |
Property rights advocates hailed Lucas v. South Carolina Coastal Council. They hoped Justice Antonin Scalia's opinion for the Supreme Court would revolutionize interpretation of the Constitution's takings clause and finally fulfill its potential as a vehicle for deregulation. On its face, the ruling seemed to dramatically expand the scope of; Search Snippet: ...familiar background principles, including customary rights of beach access; [FN24] native Hawaiian food gathering rights (a decision invoking the Aloha spirit... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|
| Laura F. Edwards |
Response to Rebecca Scott's "Discerning a Dignitary Offense" |
38 Law and History Review 571 (August, 2020) |
Discerning a Dignitary Offense uncovers the efforts of activists in New Orleans to write an expansive vision of rights into the Louisiana state constitution, one that allowed access to public space, including all places of business and public resort, to all persons, without distinction or discrimination on account of race or color. This; Search Snippet: ...the same place. That conclusion comports with recent work in Indian history, which emphasizes the persistence of native sovereignty within the geographic boundaries of European colonies in North America... |
2020 |
|
| Author |
Laura F. Edwards |
| Title |
Response to Rebecca Scott's "Discerning a Dignitary Offense" |
| Citation |
38 Law and History Review 571 (August, 2020) |
| Summary |
Discerning a Dignitary Offense uncovers the efforts of activists in New Orleans to write an expansive vision of rights into the Louisiana state constitution, one that allowed access to public space, including all places of business and public resort, to all persons, without distinction or discrimination on account of race or color. This; Search Snippet: ...the same place. That conclusion comports with recent work in Indian history, which emphasizes the persistence of native sovereignty within the geographic boundaries of European colonies in North America... |
| Year |
2020 |
| Key Terms in Title or Summary |
|
|