Law Commons^™

It Shouldn’T Be This Hard: The Law And Economics Of Business In Indian Country, Adam Crepelle

Utah Law Review

Indian reservation economies have been in shambles for generations. Although some tribes operate successful gaming enterprises, no tribe has a vibrant private sector economy. Law and economics help explain why. Economics is the study of choices, and Indian country’s complex legal rules deter businesses from investing on tribal land. After all, no business wants to spend a year waiting for the federal government to approve a land lease on reservation when land is easily accessible off reservation. Likewise, jurisdictional rules are clear off reservation, but within Indian country, simply determining whether to file a breach of contract suit in tribal, …

Religious Freedom (For Most) Restoration Act: A Critical Review Of The Ninth Circuit’S Analysis In Apache Stronghold, Alex Mcfarlin

Utah Law Review

This Note analyzes sacred site protection under the Religious Freedom Restoration Act (“RFRA”) and argues that the Ninth Circuit’s upcoming en banc review of Apache Stronghold is a critical moment for many Indigenous faiths. Against the backdrop of a religious freedom resurgence for other faiths over the past decade, the practitioners in Apache Stronghold face the irreparable loss of identity and culture.

Tribal Cannabis Agriculture Law, Ryan B. Stoa

Utah Law Review

Indian tribes have some freedom to develop their own approach to cannabis agriculture, but what is the nature of that freedom, and how have tribes acted upon it?

This Article investigates the current legal framework surrounding tribal cannabis agriculture and tribal participation in legal cannabis markets. It is generally believed that tribes have some authority to determine the legality of cannabis cultivation on their lands, and to create rules and regulations governing that practice. However, this freedom is nascent and inconsistently granted by the federal government. In addition, the legal frameworks tribes are developing with respect to cannabis agriculture are …

Remembering A Giant—Alex Tallchief Skibine, Elizabeth A. Kronk Warner

Utah Law Review

On February 4, 2023, the world lost a legal giant, as Professor Alex Tallchief Skibine passed away following a battle with an aggressive form of brain cancer. Professor Skibine’s passing was an enormous loss for both our S.J. Quinney College of Law community and the field of Indian Law. Professor Skibine was intellectually curious, funny, and always kind––truly a pillar of our SJQ Law community. I am delighted that this issue of the Utah Law Review is dedicated to his memory.