| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
|
INTRODUCTION |
135 Harvard Law Review 1524 (April, 2022) |
The months leading up to the 2021 United Nations Climate Change Conference (COP26) in Glasgow put the climate crisis in stark relief. Heatwaves blanketed the American Northwest, shattering temperature records as mortality rates surged. Wildfires raged across Greece, destroying over 120,000 acres of pine forests. Unexpected monsoons and dry spells... |
2022 |
|
| Author |
|
| Title |
INTRODUCTION |
| Citation |
135 Harvard Law Review 1524 (April, 2022) |
| Summary |
The months leading up to the 2021 United Nations Climate Change Conference (COP26) in Glasgow put the climate crisis in stark relief. Heatwaves blanketed the American Northwest, shattering temperature records as mortality rates surged. Wildfires raged across Greece, destroying over 120,000 acres of pine forests. Unexpected monsoons and dry spells... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Dana Lloyd, Assistant Professor of Global Interdisciplinary Studies, Villanova University |
INTRODUCTION TO THE BOOK REVIEW SYMPOSIUM ON MICHAEL MCNALLY'S DEFEND THE SACRED, DEFEND THE SACRED: NATIVE AMERICAN RELIGIOUS FREEDOM BEYOND THE FIRST AMENDMENT BY MICHAEL D. MCNALLY. PRINCETON: PRINCETON UNIVERSITY PRESS, 2020. PP. 400. $99.95 (CLOTH); |
37 Journal of Law and Religion 167 (January, 2022) |
Keywords: religious freedom; Indigenous sovereignty; Indigenous law; federal Indian law Michael McNally's book Defend the Sacred: Native American Religious Freedom beyond the First Amendment responds to recent doubts, raised by Indigenous communities, lawyers, and scholars about the usefulness of religious freedom law for Indigenous nations who are... |
2022 |
Yes |
| Author |
Dana Lloyd, Assistant Professor of Global Interdisciplinary Studies, Villanova University |
| Title |
INTRODUCTION TO THE BOOK REVIEW SYMPOSIUM ON MICHAEL MCNALLY'S DEFEND THE SACRED, DEFEND THE SACRED: NATIVE AMERICAN RELIGIOUS FREEDOM BEYOND THE FIRST AMENDMENT BY MICHAEL D. MCNALLY. PRINCETON: PRINCETON UNIVERSITY PRESS, 2020. PP. 400. $99.95 (CLOTH); |
| Citation |
37 Journal of Law and Religion 167 (January, 2022) |
| Summary |
Keywords: religious freedom; Indigenous sovereignty; Indigenous law; federal Indian law Michael McNally's book Defend the Sacred: Native American Religious Freedom beyond the First Amendment responds to recent doubts, raised by Indigenous communities, lawyers, and scholars about the usefulness of religious freedom law for Indigenous nations who are... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Genesis M. Agosto |
INVOLUNTARY STERILIZATION OF NATIVE AMERICAN WOMEN IN THE UNITED STATES: A LEGAL APPROACH |
100 Nebraska Law Review 995 (2022) |
C1-2TABLE OF CONTENTS I. Introduction. 995 II. Why Native Sterilization Matters. 997 A. Significance. 997 B. Contribution to Scholarship. 1001 III. Legal Context of Native Sterilization. 1002 A. Origins of Eugenic Laws in the United States. 1002 B. Infamous Eugenic Cases. 1003 C. Passage of Laws that Allowed Native Sterilizations. 1007 IV. The... |
2022 |
|
| Author |
Genesis M. Agosto |
| Title |
INVOLUNTARY STERILIZATION OF NATIVE AMERICAN WOMEN IN THE UNITED STATES: A LEGAL APPROACH |
| Citation |
100 Nebraska Law Review 995 (2022) |
| Summary |
C1-2TABLE OF CONTENTS I. Introduction. 995 II. Why Native Sterilization Matters. 997 A. Significance. 997 B. Contribution to Scholarship. 1001 III. Legal Context of Native Sterilization. 1002 A. Origins of Eugenic Laws in the United States. 1002 B. Infamous Eugenic Cases. 1003 C. Passage of Laws that Allowed Native Sterilizations. 1007 IV. The... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Ruth L. Okediji |
IS THE PUBLIC DOMAIN JUST?: BIBLICAL STEWARDSHIP AND LEGAL PROTECTION FOR TRADITIONAL KNOWLEDGE ASSETS |
45 Columbia Journal of Law & the Arts 461 (Spring, 2022) |
The present debate over the legal treatment of traditional knowledge (TK) and genetic resources tends to rationalize the precarious conditions in which Indigenous peoples and local communities live. The debate is organized around the question whether TK should be treated as part of the public domain or whether property rights should apply. Both... |
2022 |
Yes |
| Author |
Ruth L. Okediji |
| Title |
IS THE PUBLIC DOMAIN JUST?: BIBLICAL STEWARDSHIP AND LEGAL PROTECTION FOR TRADITIONAL KNOWLEDGE ASSETS |
| Citation |
45 Columbia Journal of Law & the Arts 461 (Spring, 2022) |
| Summary |
The present debate over the legal treatment of traditional knowledge (TK) and genetic resources tends to rationalize the precarious conditions in which Indigenous peoples and local communities live. The debate is organized around the question whether TK should be treated as part of the public domain or whether property rights should apply. Both... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Sharon Thompson, Attorney, Circling Eagle Law |
IT IS MORE THAN JUST A CALCULATION: REFRAMING CHILD SUPPORT IN INDIAN COUNTRY |
97 North Dakota Law Review 297 (2022) |
I'm going to start off with a funny story. I was approached, I think it was a few months ago, by the editor board saying we'd like you to be part of the symposium, we're talking about Indian law this year, would you participate? I say sure, tell me a little bit more. They say it's going to be a panel that you'll be a part of, and it'll be about... |
2022 |
|
| Author |
Sharon Thompson, Attorney, Circling Eagle Law |
| Title |
IT IS MORE THAN JUST A CALCULATION: REFRAMING CHILD SUPPORT IN INDIAN COUNTRY |
| Citation |
97 North Dakota Law Review 297 (2022) |
| Summary |
I'm going to start off with a funny story. I was approached, I think it was a few months ago, by the editor board saying we'd like you to be part of the symposium, we're talking about Indian law this year, would you participate? I say sure, tell me a little bit more. They say it's going to be a panel that you'll be a part of, and it'll be about... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Dallin J. Prisbrey |
JODIK: A CREATIVE PROPOSAL FOR SEEKING JUSTICE THROUGH NEEN KIO (WAKE ISLAND) |
23 Asian-Pacific Law and Policy Journal 54 (5/17/2022) |
I. Kadkad In (Introduction). 55 II. Naan ko Rmool im Jimwe (The Facts). 61 A. Jinoin La in (The Beginning of this World). 61 B. E Waok Ri-Plle (Foreigners Appear). 65 C. E Jutak Beak an Ri-Jmane (The German Flag is Raised). 66 D. A Brief American Interjection. 72 1. Buford Incident. 74 E. Nany Gunt: The South Seas Mandate. 75 1. The... |
2022 |
|
| Author |
Dallin J. Prisbrey |
| Title |
JODIK: A CREATIVE PROPOSAL FOR SEEKING JUSTICE THROUGH NEEN KIO (WAKE ISLAND) |
| Citation |
23 Asian-Pacific Law and Policy Journal 54 (5/17/2022) |
| Summary |
I. Kadkad In (Introduction). 55 II. Naan ko Rmool im Jimwe (The Facts). 61 A. Jinoin La in (The Beginning of this World). 61 B. E Waok Ri-Plle (Foreigners Appear). 65 C. E Jutak Beak an Ri-Jmane (The German Flag is Raised). 66 D. A Brief American Interjection. 72 1. Buford Incident. 74 E. Nany Gunt: The South Seas Mandate. 75 1. The... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Cynthia L. Cooper |
JUDGING JURISDICTION |
108-MAY ABA Journal 46 (April/May, 2022) |
On the Thursday in July 2020 that U.S. Supreme Court Justice Neil M. Gorsuch read the majority opinion in McGirt v. Oklahoma, Assistant U.S. Attorney Shannon Cozzoni sprang into action. In that moment, she knew what would happen next: Scores of major crime cases would be landing in her federal court district in Tulsa, requiring rapid adjustments... |
2022 |
|
| Author |
Cynthia L. Cooper |
| Title |
JUDGING JURISDICTION |
| Citation |
108-MAY ABA Journal 46 (April/May, 2022) |
| Summary |
On the Thursday in July 2020 that U.S. Supreme Court Justice Neil M. Gorsuch read the majority opinion in McGirt v. Oklahoma, Assistant U.S. Attorney Shannon Cozzoni sprang into action. In that moment, she knew what would happen next: Scores of major crime cases would be landing in her federal court district in Tulsa, requiring rapid adjustments... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Emily N. Harwell |
JUDICIAL DISCRETION ACROSS JURISDICTIONS: MCGIRT'S EFFECTS ON INDIAN OFFENDERS IN OKLAHOMA |
107 Cornell Law Review 2095 (November, 2022) |
Introduction. 2095 I. Criminal Jurisdiction in Indian Country. 2097 II. Criminal Prosecution in Federal Courts. 2099 III. Criminal Prosecution in Oklahoma State Courts. 2100 IV. Methodology. 2102 A. Oklahoma Courts Dataset. 2103 B. Federal Courts Dataset. 2105 V. Results. 2107 A. Oklahoma Courts Results. 2109 B. Federal Courts Results. 2115... |
2022 |
|
| Author |
Emily N. Harwell |
| Title |
JUDICIAL DISCRETION ACROSS JURISDICTIONS: MCGIRT'S EFFECTS ON INDIAN OFFENDERS IN OKLAHOMA |
| Citation |
107 Cornell Law Review 2095 (November, 2022) |
| Summary |
Introduction. 2095 I. Criminal Jurisdiction in Indian Country. 2097 II. Criminal Prosecution in Federal Courts. 2099 III. Criminal Prosecution in Oklahoma State Courts. 2100 IV. Methodology. 2102 A. Oklahoma Courts Dataset. 2103 B. Federal Courts Dataset. 2105 V. Results. 2107 A. Oklahoma Courts Results. 2109 B. Federal Courts Results. 2115... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Rebecca Tsosie |
JUSTICE AS HEALING: NATIVE NATIONS AND RECONCILIATION |
54 Arizona State Law Journal 1 (Spring, 2022) |
I am honored to give the Canby Lecture for 2020, and I thank Patty Ferguson-Bohnee and Kate Rosier for their leadership of the Indian Legal Program and for inviting me today. I'm delighted to return, even in a virtual space, to the Sandra Day O'Connor College of Law at Arizona State University (ASU). This was my academic home for over twenty-two... |
2022 |
|
| Author |
Rebecca Tsosie |
| Title |
JUSTICE AS HEALING: NATIVE NATIONS AND RECONCILIATION |
| Citation |
54 Arizona State Law Journal 1 (Spring, 2022) |
| Summary |
I am honored to give the Canby Lecture for 2020, and I thank Patty Ferguson-Bohnee and Kate Rosier for their leadership of the Indian Legal Program and for inviting me today. I'm delighted to return, even in a virtual space, to the Sandra Day O'Connor College of Law at Arizona State University (ASU). This was my academic home for over twenty-two... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Alexander Toke |
LAND, LEGACY, AND LAW: AMENDING CERCLA TO ACCOUNT FOR ENVIRONMENTAL CONTAMINATION OF TRIBAL CULTURAL RESOURCES |
28 Cardozo Journal of Equal Rights & Social Justice 333 (Winter, 2022) |
C1-2Table of Contents I. Introduction. 335 II. Background Information. 337 A. Treaties. 337 B. The Relationship Between the Federal Government and the Tribes. 340 C. Natural Resources Damages and CERCLA. 343 III. Challenges Faced by Tribes in Recovering for Injuries to Cultural Resources. 346 A. Tribal Lands are Disproportionately Affected by... |
2022 |
Yes |
| Author |
Alexander Toke |
| Title |
LAND, LEGACY, AND LAW: AMENDING CERCLA TO ACCOUNT FOR ENVIRONMENTAL CONTAMINATION OF TRIBAL CULTURAL RESOURCES |
| Citation |
28 Cardozo Journal of Equal Rights & Social Justice 333 (Winter, 2022) |
| Summary |
C1-2Table of Contents I. Introduction. 335 II. Background Information. 337 A. Treaties. 337 B. The Relationship Between the Federal Government and the Tribes. 340 C. Natural Resources Damages and CERCLA. 343 III. Challenges Faced by Tribes in Recovering for Injuries to Cultural Resources. 346 A. Tribal Lands are Disproportionately Affected by... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Maggie Lohmann |
LAW OF THE LAND: THE CONTINUING LEGACY OF INDIAN LAW'S RACIST ROOTS AND ITS IMPACT ON NATIVE AMERICAN LAND RIGHTS |
125 West Virginia Law Review 329 (Fall, 2022) |
Throughout American history, inhumane treatment of Native nations has been legalized through treaties, court cases, and legislation. Confiscating Native land, treating Native Americans as second-class citizens, and breaking government promises to Native nations has been justified with racist stereotypes about Native Americans. Although some may... |
2022 |
Yes |
| Author |
Maggie Lohmann |
| Title |
LAW OF THE LAND: THE CONTINUING LEGACY OF INDIAN LAW'S RACIST ROOTS AND ITS IMPACT ON NATIVE AMERICAN LAND RIGHTS |
| Citation |
125 West Virginia Law Review 329 (Fall, 2022) |
| Summary |
Throughout American history, inhumane treatment of Native nations has been legalized through treaties, court cases, and legislation. Confiscating Native land, treating Native Americans as second-class citizens, and breaking government promises to Native nations has been justified with racist stereotypes about Native Americans. Although some may... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Matthew L.M. Fletcher , Wenona T. Singel |
LAWYERING THE INDIAN CHILD WELFARE ACT |
120 Michigan Law Review 1755 (June, 2022) |
This Article describes how the statutory structure of child welfare laws enables lawyers and courts to exploit deep-seated stereotypes about American Indian people rooted in systemic racism to undermine the enforcement of the rights of Indian families and tribes. Even when Indian custodians and tribes are able to protect their rights in court,... |
2022 |
|
| Author |
Matthew L.M. Fletcher , Wenona T. Singel |
| Title |
LAWYERING THE INDIAN CHILD WELFARE ACT |
| Citation |
120 Michigan Law Review 1755 (June, 2022) |
| Summary |
This Article describes how the statutory structure of child welfare laws enables lawyers and courts to exploit deep-seated stereotypes about American Indian people rooted in systemic racism to undermine the enforcement of the rights of Indian families and tribes. Even when Indian custodians and tribes are able to protect their rights in court,... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Adam Crepelle |
LEGAL ISSUES IN TRIBAL E-COMMERCE |
10 American University Business Law Review 383 (2022) |
I. Introduction. 383 II. Tribal Sovereignty and Economic Development. 386 III. Tribes, E-Commerce, and the Law. 391 A. Online Reservation Sales and State Taxes. 391 B. Online Gaming. 396 C. Fintech. 400 i. Cryptocurrency. 400 ii. Tribal Lending. 403 a. Tribal Sovereign Immunity. 406 b. Jurisdiction and Forum Selection Clauses. 410 IV.... |
2022 |
Yes |
| Author |
Adam Crepelle |
| Title |
LEGAL ISSUES IN TRIBAL E-COMMERCE |
| Citation |
10 American University Business Law Review 383 (2022) |
| Summary |
I. Introduction. 383 II. Tribal Sovereignty and Economic Development. 386 III. Tribes, E-Commerce, and the Law. 391 A. Online Reservation Sales and State Taxes. 391 B. Online Gaming. 396 C. Fintech. 400 i. Cryptocurrency. 400 ii. Tribal Lending. 403 a. Tribal Sovereign Immunity. 406 b. Jurisdiction and Forum Selection Clauses. 410 IV.... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Ben Gibson |
LESSONS FROM MCGIRT v. OKLAHOMA'S HABEAS AFTERMATH |
99 Denver Law Review 253 (Winter, 2022) |
In the summer of 2020, the U.S. Supreme Court handed down a decision in McGirt v. Oklahoma, concluding that Congress had never disestablished the historic boundaries of the Muscogee (Creek) Nation's reservation. In reaching this decision, the majority and dissent in McGirt sparred about the impact the Court's decision would have on the availability... |
2022 |
|
| Author |
Ben Gibson |
| Title |
LESSONS FROM MCGIRT v. OKLAHOMA'S HABEAS AFTERMATH |
| Citation |
99 Denver Law Review 253 (Winter, 2022) |
| Summary |
In the summer of 2020, the U.S. Supreme Court handed down a decision in McGirt v. Oklahoma, concluding that Congress had never disestablished the historic boundaries of the Muscogee (Creek) Nation's reservation. In reaching this decision, the majority and dissent in McGirt sparred about the impact the Court's decision would have on the availability... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Stephen H. Greetham |
LESSONS LEARNED, LESSONS FORGOTTEN: A TRIBAL PRACTITIONER'S READING OF MCGIRT AND THOUGHTS ON THE ROAD AHEAD |
57 Tulsa Law Review 613 (Spring, 2022) |
I. Introduction. 614 II. Discussion. 621 A. What Happened: A Tribal Practitioner's Reading of McGirt. 621 i. McGirt as Court Ruling. 624 a. The Parties. 624 b. The Question and Issue. 626 c. Oklahoma's Argument and the Law Before McGirt. 630 d. The Court's Holding and Analysis. 632 ii. McGirt Through the Lens of Professor... |
2022 |
|
| Author |
Stephen H. Greetham |
| Title |
LESSONS LEARNED, LESSONS FORGOTTEN: A TRIBAL PRACTITIONER'S READING OF MCGIRT AND THOUGHTS ON THE ROAD AHEAD |
| Citation |
57 Tulsa Law Review 613 (Spring, 2022) |
| Summary |
I. Introduction. 614 II. Discussion. 621 A. What Happened: A Tribal Practitioner's Reading of McGirt. 621 i. McGirt as Court Ruling. 624 a. The Parties. 624 b. The Question and Issue. 626 c. Oklahoma's Argument and the Law Before McGirt. 630 d. The Court's Holding and Analysis. 632 ii. McGirt Through the Lens of Professor... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Alexandra B. Klass , Rebecca Wilton |
LOCAL POWER |
75 Vanderbilt Law Review 93 (January, 2022) |
This Article is about local power. We use that term in two distinct but complementary ways. First, local power describes the authority of local governments to enact regulatory policies in the interests of their citizens. Second, local power describes the authority of local governments to exercise proprietary control over the sources and delivery... |
2022 |
|
| Author |
Alexandra B. Klass , Rebecca Wilton |
| Title |
LOCAL POWER |
| Citation |
75 Vanderbilt Law Review 93 (January, 2022) |
| Summary |
This Article is about local power. We use that term in two distinct but complementary ways. First, local power describes the authority of local governments to enact regulatory policies in the interests of their citizens. Second, local power describes the authority of local governments to exercise proprietary control over the sources and delivery... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Paul Mooney |
MAKING MARIJUANA LESS ILLEGAL: CHALLENGES FOR NATIVE AMERICAN TRIBES ENTERING THE MARIJUANA MARKET |
67 South Dakota Law Review 482 (2022) |
Many Native American tribes are venturing into the marijuana industry. Tribes often have to rely on new business ventures to generate revenue for services, and marijuana shares some parallels with casino gaming. However, tribes face a bevy of issues entering the marijuana market. For example, tribes are largely prevented from interacting with... |
2022 |
|
| Author |
Paul Mooney |
| Title |
MAKING MARIJUANA LESS ILLEGAL: CHALLENGES FOR NATIVE AMERICAN TRIBES ENTERING THE MARIJUANA MARKET |
| Citation |
67 South Dakota Law Review 482 (2022) |
| Summary |
Many Native American tribes are venturing into the marijuana industry. Tribes often have to rely on new business ventures to generate revenue for services, and marijuana shares some parallels with casino gaming. However, tribes face a bevy of issues entering the marijuana market. For example, tribes are largely prevented from interacting with... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| J. Benton Heath |
MAKING SENSE OF SECURITY |
116 American Journal of International Law 289 (April, 2022) |
This Article theorizes security as a site of continuing struggle in the international system between competing approaches to identifying and responding to urgent threats. Rather than endorsing a single approach, this Article argues that a claim to security can imply any one of four approaches to law and policy, each of which has radically... |
2022 |
|
| Author |
J. Benton Heath |
| Title |
MAKING SENSE OF SECURITY |
| Citation |
116 American Journal of International Law 289 (April, 2022) |
| Summary |
This Article theorizes security as a site of continuing struggle in the international system between competing approaches to identifying and responding to urgent threats. Rather than endorsing a single approach, this Article argues that a claim to security can imply any one of four approaches to law and policy, each of which has radically... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Patrick Derocher |
MANIFESTING A BETTER DESTINY: INTEREST CONVERGENCE AND THE INDIAN CLAIMS COMMISSION |
24 NYU Journal of Legislation and Public Policy 511 (2021-2022) |
As debates continue over whether the United States should consider, let alone how it might implement, a reparations plan for the descendants of enslaved people, the conversation often proceeds without recognizing that this country has already administered a similar program: The Indian Claims Commission (ICC). However, the fact that the ICC has... |
2022 |
|
| Author |
Patrick Derocher |
| Title |
MANIFESTING A BETTER DESTINY: INTEREST CONVERGENCE AND THE INDIAN CLAIMS COMMISSION |
| Citation |
24 NYU Journal of Legislation and Public Policy 511 (2021-2022) |
| Summary |
As debates continue over whether the United States should consider, let alone how it might implement, a reparations plan for the descendants of enslaved people, the conversation often proceeds without recognizing that this country has already administered a similar program: The Indian Claims Commission (ICC). However, the fact that the ICC has... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Angela R. Riley , Sarah Glenn Thompson |
MAPPING DUAL SOVEREIGNTY AND DOUBLE JEOPARDY IN INDIAN COUNTRY CRIMES |
122 Columbia Law Review 1899 (November, 2022) |
The Double Jeopardy Clause guarantees no individual will be put in jeopardy twice for the same offense. But, pursuant to the dual-sovereignty doctrine, multiple prosecutions for offenses stemming from the same conduct do not violate the Clause if the offenses charged arise under the laws of separate sovereigns, even if the laws are otherwise... |
2022 |
Yes |
| Author |
Angela R. Riley , Sarah Glenn Thompson |
| Title |
MAPPING DUAL SOVEREIGNTY AND DOUBLE JEOPARDY IN INDIAN COUNTRY CRIMES |
| Citation |
122 Columbia Law Review 1899 (November, 2022) |
| Summary |
The Double Jeopardy Clause guarantees no individual will be put in jeopardy twice for the same offense. But, pursuant to the dual-sovereignty doctrine, multiple prosecutions for offenses stemming from the same conduct do not violate the Clause if the offenses charged arise under the laws of separate sovereigns, even if the laws are otherwise... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Kelsey Henderson, Rachel Keirstead, Amanda Maze-Schultz, Suzie McKelvey, Lettie Rose, Melissa Zubizarreta |
MARRIAGE & DIVORCE |
23 Georgetown Journal of Gender and the Law 361 (Annual Review 2022) |
I. Introduction. 361 II. Same-Sex Marriage. 362 A. Background. 362 B. The Obergefell Holding. 362 C. Implementation and Enforcement Challenges Since Obergefell. 364 III. State Regulation of Marriage. 366 A. Jurisdiction and Recognition. 366 B. Rights Resulting from Formation. 369 C. Plural Marriage. 375 D. Covenant Marriage. 377 E. Status of Civil... |
2022 |
|
| Author |
Kelsey Henderson, Rachel Keirstead, Amanda Maze-Schultz, Suzie McKelvey, Lettie Rose, Melissa Zubizarreta |
| Title |
MARRIAGE & DIVORCE |
| Citation |
23 Georgetown Journal of Gender and the Law 361 (Annual Review 2022) |
| Summary |
I. Introduction. 361 II. Same-Sex Marriage. 362 A. Background. 362 B. The Obergefell Holding. 362 C. Implementation and Enforcement Challenges Since Obergefell. 364 III. State Regulation of Marriage. 366 A. Jurisdiction and Recognition. 366 B. Rights Resulting from Formation. 369 C. Plural Marriage. 375 D. Covenant Marriage. 377 E. Status of Civil... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Robert J. Miller |
MCGIRT v. OKLAHOMA |
58-AUG Arizona Attorney 18 (July/August, 2022) |
On the far end of the Trail of Tears was a promise. On July 9, 2020, the U.S. Supreme Court issued McGirt v. Oklahoma. In a 5-4 decision that landed like a bombshell, the Court held that the boundaries of the Muscogee (Creek) Nation (MCN) reservation remain intact, as defined in its 1866 treaty with the United States. Overnight, the MCN... |
2022 |
Yes |
| Author |
Robert J. Miller |
| Title |
MCGIRT v. OKLAHOMA |
| Citation |
58-AUG Arizona Attorney 18 (July/August, 2022) |
| Summary |
On the far end of the Trail of Tears was a promise. On July 9, 2020, the U.S. Supreme Court issued McGirt v. Oklahoma. In a 5-4 decision that landed like a bombshell, the Court held that the boundaries of the Muscogee (Creek) Nation (MCN) reservation remain intact, as defined in its 1866 treaty with the United States. Overnight, the MCN... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Adam Goodrum |
MEETING THE MCGIRT MOMENT: THE FIVE TRIBES, SOVEREIGNTY & CRIMINAL JURISDICTION IN OKLAHOMA'S NEW INDIAN COUNTRY |
46 American Indian Law Review 201 (2022) |
In the summer of 2020, the U.S. Supreme Court issued a decision that has been hailed as a significant victory for supporters of tribal sovereignty. The Court held that a significant portion of the land in Oklahoma is an Indian reservation. In a letter to Oklahoma's congressional delegation, a coalition of Native organizations asserted that [t]he... |
2022 |
Yes |
| Author |
Adam Goodrum |
| Title |
MEETING THE MCGIRT MOMENT: THE FIVE TRIBES, SOVEREIGNTY & CRIMINAL JURISDICTION IN OKLAHOMA'S NEW INDIAN COUNTRY |
| Citation |
46 American Indian Law Review 201 (2022) |
| Summary |
In the summer of 2020, the U.S. Supreme Court issued a decision that has been hailed as a significant victory for supporters of tribal sovereignty. The Court held that a significant portion of the land in Oklahoma is an Indian reservation. In a letter to Oklahoma's congressional delegation, a coalition of Native organizations asserted that [t]he... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Elle Rothermich |
MIND GAMES: HOW ROBOTS CAN HELP REGULATE BRAIN-COMPUTER INTERFACES |
7 University of Pennsylvania Journal of Law & Public Affairs 391 (May, 2022) |
Introduction. 392 I. Neurons and Narratives. 395 A. Brain-Computer Interfaces. 396 1. What are they?. 396 2. How do they work?. 398 3. Limits of Available Consumer BCI Technology. 401 B. Why Regulating BCIs is Challenging. 405 1. The Pacing Problem. 405 2. The Internet of Things Requires New Approaches to Data Protection. 409 3. How the Privacy... |
2022 |
|
| Author |
Elle Rothermich |
| Title |
MIND GAMES: HOW ROBOTS CAN HELP REGULATE BRAIN-COMPUTER INTERFACES |
| Citation |
7 University of Pennsylvania Journal of Law & Public Affairs 391 (May, 2022) |
| Summary |
Introduction. 392 I. Neurons and Narratives. 395 A. Brain-Computer Interfaces. 396 1. What are they?. 396 2. How do they work?. 398 3. Limits of Available Consumer BCI Technology. 401 B. Why Regulating BCIs is Challenging. 405 1. The Pacing Problem. 405 2. The Internet of Things Requires New Approaches to Data Protection. 409 3. How the Privacy... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Cosmas Emeziem |
MISERABLE COMFORTS OR CONCRETE PROTECTIONS: HUMAN RIGHTS CONVENTIONS, TREATIES, DECLARATIONS, AND THE RIGHTS OF INDIGENOUS/OTHERED COMMUNITIES--QUO VADIS? |
21 Santa Clara Journal of International Law 47 (2022) |
It has become an annual ritual for the world--especially through the United Nations (UN)--to organize events and activities celebrating Indigenous Peoples. Further to this disposition, the UN has adopted a Declaration on the Rights of Indigenous Peoples. Equally, it is now fashionable, to include the needs, and questions, affecting indigenous... |
2022 |
Yes |
| Author |
Cosmas Emeziem |
| Title |
MISERABLE COMFORTS OR CONCRETE PROTECTIONS: HUMAN RIGHTS CONVENTIONS, TREATIES, DECLARATIONS, AND THE RIGHTS OF INDIGENOUS/OTHERED COMMUNITIES--QUO VADIS? |
| Citation |
21 Santa Clara Journal of International Law 47 (2022) |
| Summary |
It has become an annual ritual for the world--especially through the United Nations (UN)--to organize events and activities celebrating Indigenous Peoples. Further to this disposition, the UN has adopted a Declaration on the Rights of Indigenous Peoples. Equally, it is now fashionable, to include the needs, and questions, affecting indigenous... |
| Year |
2022 |
| Key Terms in Title or Summary |
Yes |
|
| Melanie McGruder |
MISSING AND MURDERED: FINDING A SOLUTION TO ADDRESS THE EPIDEMIC OF MISSING AND MURDERED INDIGENOUS WOMEN IN CANADA AND CLASSIFYING IT AS A "CANADIAN GENOCIDE" |
46 American Indian Law Review 115 (2022) |
Native communities across the world are facing a human rights crisis. In Canada, alarming numbers of indigenous women and girls are being murdered or have been missing for a substantial amount of time, with no justice being served. Currently, indigenous women in Canada make up 16% of homicide victims and 11% of missing women, even though they only... |
2022 |
|
| Author |
Melanie McGruder |
| Title |
MISSING AND MURDERED: FINDING A SOLUTION TO ADDRESS THE EPIDEMIC OF MISSING AND MURDERED INDIGENOUS WOMEN IN CANADA AND CLASSIFYING IT AS A "CANADIAN GENOCIDE" |
| Citation |
46 American Indian Law Review 115 (2022) |
| Summary |
Native communities across the world are facing a human rights crisis. In Canada, alarming numbers of indigenous women and girls are being murdered or have been missing for a substantial amount of time, with no justice being served. Currently, indigenous women in Canada make up 16% of homicide victims and 11% of missing women, even though they only... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Caelyn Radziunas |
MISSING THE MARK: A CRITICAL ANALYSIS OF THE RIGHTS OF NATURE AS A LEGAL FRAMEWORK FOR PROTECTING INDIGENOUS INTERESTS |
35 Tulane Environmental Law Journal 115 (Summer, 2022) |
I. Introduction. 115 II. Introduction to Indigenous Rights and Rights of Nature. 117 A. The Evolution of Indigenous Rights. 117 B. Sierra Club v. Morton. 120 C. Rights of Nature in the United States. 121 III. Case Studies: Ecuador, Bolivia, New Zealand, and India. 123 A. Ecuador. 123 B. Bolivia. 126 C. New Zealand. 128 D. India. 130 IV. Discussion.... |
2022 |
|
| Author |
Caelyn Radziunas |
| Title |
MISSING THE MARK: A CRITICAL ANALYSIS OF THE RIGHTS OF NATURE AS A LEGAL FRAMEWORK FOR PROTECTING INDIGENOUS INTERESTS |
| Citation |
35 Tulane Environmental Law Journal 115 (Summer, 2022) |
| Summary |
I. Introduction. 115 II. Introduction to Indigenous Rights and Rights of Nature. 117 A. The Evolution of Indigenous Rights. 117 B. Sierra Club v. Morton. 120 C. Rights of Nature in the United States. 121 III. Case Studies: Ecuador, Bolivia, New Zealand, and India. 123 A. Ecuador. 123 B. Bolivia. 126 C. New Zealand. 128 D. India. 130 IV. Discussion.... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Bethany R. Berger , Chloe Scherpa |
MOHEGAN WOMEN, THE MOHEGAN CHURCH, AND THE LASTING OF THE MOHEGAN NATION |
27 Roger Williams University Law Review 211 (Spring, 2022) |
Remember to take the best of what the white man has to offer . and use it to still be Indian.--Gladys Tantaquidgeon On a hill at the end of Church Lane in rural Uncasville, Connecticut, stands a lovely but unimposing church. With its white wooden façade and high slender steeple, the Mohegan Congregational Church resembles many others scattered... |
2022 |
|
| Author |
Bethany R. Berger , Chloe Scherpa |
| Title |
MOHEGAN WOMEN, THE MOHEGAN CHURCH, AND THE LASTING OF THE MOHEGAN NATION |
| Citation |
27 Roger Williams University Law Review 211 (Spring, 2022) |
| Summary |
Remember to take the best of what the white man has to offer . and use it to still be Indian.--Gladys Tantaquidgeon On a hill at the end of Church Lane in rural Uncasville, Connecticut, stands a lovely but unimposing church. With its white wooden façade and high slender steeple, the Mohegan Congregational Church resembles many others scattered... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Amy Oltmanns |
MONEY, MONEY, MONEY: REVENUE IS FUNNY IN A MCGIRT WORLD |
74 Oklahoma Law Review 825 (Summer, 2022) |
Taxation is a vital instrument of government that provides funds for public services. In general, tax is simple: the federal government taxes all American citizens through the Internal Revenue Code, states tax persons within their boundaries, and Indian tribes do the same. Where there is overlap, the simplicity of the general principle... |
2022 |
|
| Author |
Amy Oltmanns |
| Title |
MONEY, MONEY, MONEY: REVENUE IS FUNNY IN A MCGIRT WORLD |
| Citation |
74 Oklahoma Law Review 825 (Summer, 2022) |
| Summary |
Taxation is a vital instrument of government that provides funds for public services. In general, tax is simple: the federal government taxes all American citizens through the Internal Revenue Code, states tax persons within their boundaries, and Indian tribes do the same. Where there is overlap, the simplicity of the general principle... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|
| Matthew L.M. Fletcher |
MUSKRAT TEXTUALISM |
116 Northwestern University Law Review 963 (2022) |
Abstract--The Supreme Court decision McGirt v. Oklahoma, confirming the boundaries of the Creek Reservation in Oklahoma, was a truly rare case in which the Court turned back arguments by federal and state governments in favor of American Indian and tribal interests. For more than a century, Oklahomans had assumed that the reservation had been... |
2022 |
|
| Author |
Matthew L.M. Fletcher |
| Title |
MUSKRAT TEXTUALISM |
| Citation |
116 Northwestern University Law Review 963 (2022) |
| Summary |
Abstract--The Supreme Court decision McGirt v. Oklahoma, confirming the boundaries of the Creek Reservation in Oklahoma, was a truly rare case in which the Court turned back arguments by federal and state governments in favor of American Indian and tribal interests. For more than a century, Oklahomans had assumed that the reservation had been... |
| Year |
2022 |
| Key Terms in Title or Summary |
|
|