Reno-Sparks Indian Colony V. Haaland, 2024 University of Montana, Alexander Blewett III School of Law
Reno-Sparks Indian Colony V. Haaland, William N. Rose
Public Land & Resources Law Review
Reno-Sparks Indian Colony v. Haaland added clarity to the scope of a federal agency’s duty to consult with Tribes under the National Historic Preservation Act. The case was the culmination of unsuccessful litigation efforts by Tribes to stop a large mining project, and it demonstrated the high hurdle Tribes face when challenging whether a federal agency has engaged in reasonable and good faith consultation.
Solar Energy Industries Association V. Federal Energy Regulatory Commission, 2024 University of Montana, Alexander Blewett III School of Law
Solar Energy Industries Association V. Federal Energy Regulatory Commission, Brandy Keesee
Public Land & Resources Law Review
In Solar Energy Industries Association v. Federal Energy Regulatory Commission (“Solar Energy”), the court grappled with a complex web of regulatory and environmental considerations. The overall dispute was the promulgation and implementation of Order 872, a directive issued by the Federal Energy Regulatory Commission (“FERC” or “Commission”), and its alignment with the Public Utility Regulatory Policies Act of 1978 (“PURPA”) and the Administrative Procedure Act (“APA”). The dispute in Solar Energy is about FERC’s interpretation and application of PURPA in managing qualifying facilities (“QFs”). The crux of the contention was whether FERC’s 2020 rule revisions set forth in Order 872 …
Where To Test A Nuclear Bomb, 2024 University of Purdue
Where To Test A Nuclear Bomb, Tyler Kliegl
The Purdue Historian
The United States detonated three underground nuclear bombs on a far-off Alaskan island called Amchitka in the 1960s and 70s. The goal is to understand what the motive of the United States in selecting Amchitka over the endless potential sites to test at were. What makes a place worthy in being tested on, or unworthy in being left alone. How does the United States deal with resistance from locals and other organizations, fighting to prevent their tests.
Covid-19: The Federal Government, Federalism, South Dakota, And American Indians, 2024 Liberty University
Covid-19: The Federal Government, Federalism, South Dakota, And American Indians, Jordan Janson
Helm's School of Government Conference - American Revival: Citizenship & Virtue
This essay assesses the roles of the federal government and its relationship with Tribal Regions and states alike. Additionally, how COVID-19 affected states and localities and how different Presidential Administrations handled and responded to the pandemic while being compared with the state of South Dakota. Assessing whether or not the federal government overstepped reveals the preparedness of states. Certain states handled COVID-19-related issues better than others, and this essay addresses how Tribal Regions in states provided Governors with extreme complexities. Finally, this essay delves into the rights and responsibilities of the federal government and the state pertaining to American Indian …
The Real Wrongs Of Icwa, 2024 Villanova University Charles Widger School of Law
What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country, 2024 University of Montana
What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country, Malcolm M. Gilbert, Aspen B. Ward
Public Land & Resources Law Review
No abstract provided.
Avoiding The Pitfalls In Administrative Record Review Cases, 2024 University of Montana
Avoiding The Pitfalls In Administrative Record Review Cases, Kim Wilson, Brian Brammer
Public Land & Resources Law Review
No abstract provided.
Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?, 2024 University of Montana
Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?, Kevin Frazier
Public Land & Resources Law Review
No abstract provided.
States Of Mind Or State Of Crime: Exploring The Prosecution Of Environmental Crimes In The Western United States, 2024 University of Montana
States Of Mind Or State Of Crime: Exploring The Prosecution Of Environmental Crimes In The Western United States, Joshua Ozymy, Melissa Ozymy
Public Land & Resources Law Review
No abstract provided.
Editors And Staff Members, 2024 University of Montana
Amdip Annual Meeting Of Law School Diversity Professionals: Hosted By Roger Williams University School Of Law: April 23-25, 2024, 2024 Roger Williams University
Amdip Annual Meeting Of Law School Diversity Professionals: Hosted By Roger Williams University School Of Law: April 23-25, 2024, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Amicus Brief Of Native Nations In Montana, Kathryn Shanley, And Denise Juneau, Held V. State Of Montana, Montana Supreme Court Docket No. Da 23-0575, 2024 University of Washington School of Law
Amicus Brief Of Native Nations In Montana, Kathryn Shanley, And Denise Juneau, Held V. State Of Montana, Montana Supreme Court Docket No. Da 23-0575, Monte Mills, Jeremiah Chin, Mia Montoya Hammersley, Fredrick Ole Ikayo, Clare Derby, Natasha De La Cruz
Court Briefs
Montana’s Constitution specifically recognizes and protects the right of Native Nations and Indigenous individuals to preserve and sustain their cultural traditions through the education of future generations. These rights are inherently tied to the right to a clean and healthful environment.
The Real Wrongs Of Icwa, 2024 William & Mary Law School
The Real Wrongs Of Icwa, James G. Dwyer
Faculty Publications
Haaland v. Brackeen rejected federalism-based challenges to the Indian Child Welfare Act (ICWA) but signaled receptivity to future challenges based on individual rights. The adult-focused rights claims presented in Haaland, however, miss the mark of what is truly problematic about ICWA. This Article presents an in-depth, children’s-rights based critique of the Act, explaining how it violates a fundamental right against state exertion of power over central aspects of persons’ private lives to their detriment for illicit purposes. In fact, the Act’s defenders are complicit in the same sort of government violence that motivated ICWA’s enactment—erasing aspects of children’s heritage …
Revising The Indian Plenary Power Doctrine, 2024 Yale University, Yale Law School
Revising The Indian Plenary Power Doctrine, M. Henry Ishtani, Alexandra Fay
Michigan Journal of Race and Law
The federal Indian law doctrine of Congressional plenary power is long overdue for an overhaul. Since its troubling nineteenth-century origins in Kagama v. United States (1886), plenary power has justified invasive Congressional interventions and undermined Tribal sovereignty. The doctrine's legal basis remains a constitutional conundrum. This Article considers the Court's recent engagement with plenary power in Haaland v. Brackeen (2023). It argues that the Brackeen opinions may signal judicial readiness to reevaluate the doctrine. The Article takes ahold of Justice Gorsuch's critical assessment and runs with it, ultimately proposing a method for cleaning up this destructive and constitutionally dubious line …
A Framework For Managing Disputes Over Intellectual Property Rights In Traditional Knowledge, 2024 University of California, Los Angeles
A Framework For Managing Disputes Over Intellectual Property Rights In Traditional Knowledge, Stephen R. Munzer
Michigan Journal of Race and Law
Major controversies in moral and political theory concern the rights, if any, Indigenous peoples should have over their traditional knowledge. Many scholars, including me, have tackled these controversies. This Article addresses a highly important practical issue: Can we come up with a solid framework for resolving disputes over actual or proposed intellectual property rights in traditional knowledge?
Yes, we can. The framework suggested here starts with a preliminary distinction between control rights and income rights. It then moves to four categories that help to understand disputes: nature of the traditional knowledge under dispute; dynamics between named parties to disputes; unnamed …
Reviving Indian Country: Expanding Alaska Native Villages’ Tribal Land Bases Through Fee-To-Trust Acquisitions, 2024 University of Michigan Law School
Reviving Indian Country: Expanding Alaska Native Villages’ Tribal Land Bases Through Fee-To-Trust Acquisitions, Alexis Studler
Michigan Journal of Race and Law
For the last fifty years, the possibility of fee-to-trust acquisitions in Alaska has been precarious at best. This is largely due to the Alaska Native Claims Settlement Act of 1971 (ANCSA), which eschewed the traditional reservation system in favor of corporate land ownership and management. Despite its silence on trust acquisitions, ANCSA was and still is cited as the primary prohibition to trust acquisitions in Alaska. Essentially, ANCSA both reduced Indian Country in Alaska and prohibited any opportunities to create it, leaving Alaska Native Villages without the significant territorial jurisdiction afforded to Lower 48 tribes. However, recent policy changes from …
Separate, Sovereign, And Subjugated: Native Citizenship And The 1790 Trade And Intercourse Act, 2024 William & Mary Law School
Separate, Sovereign, And Subjugated: Native Citizenship And The 1790 Trade And Intercourse Act, Bethany Berger
William & Mary Law Review
In 1790, the same year Congress limited naturalization to “free white persons,” it also enacted the first Indian Trade and Intercourse Act. The Trade and Intercourse Act may have even stronger claims to “super statute” status than the Naturalization Act. Key provisions of the Trade and Intercourse Act remain in effect today, and the Act enshrined a tribal, federal, and state relationship that profoundly shapes modern law. Unlike the Naturalization Act, the Trade and Intercourse Act reflected the input of people of color: it responded to the demands of tribal nations and—to a degree—reflected tribal sovereignty. While Indigenous people could …
Pursuing The Exemption: The Makah's White Whale, 2024 University of Washington School of Law
Pursuing The Exemption: The Makah's White Whale, Sarah Van Voorhis
Washington Journal of Social & Environmental Justice
No abstract provided.
Federal Indian Law As Method, 2024 University of Michigan Law School
Federal Indian Law As Method, Matthew L. M. Fletcher
Articles
Morton v. Mancari is well-known in Indian law circles as a foundation for the tribal self-determination era, which is generally understood to have begun in the late 1960s and early 1970s. The case involved an Act of Congress that required the federal “Indian Office” (now called the Bureau of Indian Affairs) to grant preference in employment to “Indians.” The case is typically understood as the basis for analyzing how federal statutes that apply exclusively to Indian people do not implicate the anti-discrimination principles of the United States Constitution. This understanding of the case, while correct, is too narrow.
Narrowing From Below: How Lower Courts Can Limit Castro-Huerta, 2024 University of Arkansas, Fayetteville
Narrowing From Below: How Lower Courts Can Limit Castro-Huerta, Michaela B. Parks
Arkansas Law Review
This Note will offer a plan for how Indian country can move forward in the wake of what anti-tribal sovereignty entities want to be a devasting decision. This Note advocates for a judicial remedy plan. Specifically, it calls upon lower courts to narrow Castro-Huerta from below to limit the effects of the decision. Part II provides a brief introduction to federal Indian law, a general overview of criminal jurisdiction in Indian country, and concludes with a summary of Castro-Huerta. Part III outlines two approaches to limiting that lower courts can use to narrow Castro-Huerta from below: textual limiting and fact-to-fact …