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Full-Text Articles in Law
Beyond Constitutional Frontiers: Tribal Rights, Resources, And Reform, Monte Mills
Beyond Constitutional Frontiers: Tribal Rights, Resources, And Reform, Monte Mills
Faculty Journal Articles & Other Writings
The current era arguably poses the most complex and challenging environmental dilemmas in human history. With climate change, increasingly scarce resources, and exponentially expanding demand, traditional legal notions of standing, harm, and liability are being stretched and reshaped to accommodate a shifting set of values regarding natural resources and potentially respond to the moment. While these novel and innovative approaches are modestly reshaping the fields of natural resources and environmental law, however, the historical and time-honored claims of Indian tribes are also presenting avenues for rethinking the foundations of those areas of law. Arising both within and outside of the …
'Race, Racism, And American Law ': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Monte Mills, Eduardo R.C. Capulong, Andrew King-Ries
'Race, Racism, And American Law ': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Monte Mills, Eduardo R.C. Capulong, Andrew King-Ries
Faculty Law Review Articles
The events of fall 2016 exploded the myth of a post-racial America that some believed had been ushered in by Barack Obama’s presidency.1With the U.S. presidential campaign in full swing, soon-to-be President Donald Trump disparaged Muslims as terrorists, Mexicans as rapists and murderers, and African Americans as poor.2 Trump’s racist demagoguery came amidst the momentum of the Black Lives Matter,Standing Rock, and Dreamer movements—mass mobilizations that sought to end the police killings of Black people, protect Native American treaty rights, and grant immigrant minors legal status.3 Once again, the racial divide that has defined this nation since its inception 2019] …
Native American Cultural Dissonance & Dark Heritage Solutions, Victoria Parker
Native American Cultural Dissonance & Dark Heritage Solutions, Victoria Parker
Student Scholarship
This paper argues that public institutions have an obligation to consider the weight of their responsibility to educate and inform the public about all forms of American history and heritage. Moreover, public institutions should embrace controversy, engage discourse and proactively work on exhibiting balanced representations by re-working or removing antiquated and false narratives surrounding Native American history. In this paper, I proffer solutions from case studies, examples, models, and my own perspective as a Native American tribal member, as to what public institutions and curators can do in the future to deal with cultural dissonance and creating awareness of (Native) …
Waiving Federal Sovereign Immunity In Original Actions Between States, Sandra B. Zellmer
Waiving Federal Sovereign Immunity In Original Actions Between States, Sandra B. Zellmer
Faculty Law Review Articles
There are tremendous disparities between high stakes original actions between states before the US. Supreme Court, where there is no waiver of federal sovereign immunity, and other types of cases in the lower courts, where a plethora of immunity waivers allow states and other parties to seek relief from the federal government for Fifth Amendment takings, unlawful agency action, and tort claims. Federal actions or omissions are often at the heart of the dispute, and federal involvement may be crucial for purposes of providing an equitable remedy to the state parties, but there is no reliable mechanism for bringing the …