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Examining Comity And The Exhaustion Doctrine In Tribal Court Civil Jurisdiction: The Cherokee Nation’S Opioid Litigation, Joëlle Klein Dec 2022

Examining Comity And The Exhaustion Doctrine In Tribal Court Civil Jurisdiction: The Cherokee Nation’S Opioid Litigation, Joëlle Klein

Washington Law Review

The opioid epidemic has devastated communities throughout the United States over the last two decades. Native American and Alaska Native tribes faced disproportionate impacts and suffered the long-lasting consequences that opioid addiction causes families and communities. In response, states and municipalities across the United States sued the distributors and pharmacies responsible for illegally diverting opioids. In April of 2017, the Attorney General for the Cherokee Nation, Todd Hembree, initiated a civil suit against opioid pharmaceutical distributors and retailers: CVS, Walgreens, Wal-Mart (pharmacies), and McKesson, Cardinal Health, and AmerisourceBergen (distributors). Although other tribes in the United States also brought claims against …


Hoopa Valley Tribe V. Ferc, Fredrick Aaron Rains Apr 2019

Hoopa Valley Tribe V. Ferc, Fredrick Aaron Rains

Public Land & Resources Law Review

In Hoopa Valley Tribe v. FERC, the Hoopa Valley Tribe challenged the intentional and continual delay of state water quality certification review of water discharged from a series of dams on the Klamath River in California and Oregon. The Federal Energy Regulatory Commission, the states of Oregon and California, and PacifiCorp, a hydroelectric operator, were implementing an administrative scheme designed to circumvent a one-year temporal requirement for review imposed on states by the Clean Water Act. This scheme allowed PacifiCorp to operate the series of dams for over a decade without proper state water quality certification. The United States …


Responsible Resource Development: A Strategic Plan To Consider Social And Cultural Impacts Of Tribal Extractive Industry Development, Carla F. Fredericks, Kate Finn, Erica Gajda, Jesse Heibel Jan 2018

Responsible Resource Development: A Strategic Plan To Consider Social And Cultural Impacts Of Tribal Extractive Industry Development, Carla F. Fredericks, Kate Finn, Erica Gajda, Jesse Heibel

Publications

This paper presents a strategic, solution-based plan as a companion to our recent article, Responsible Resource Development and Prevention of Sex Trafficking: Safeguarding Native Women and Children on the Fort Berthold Reservation, 40 Harv. J.L. Gender 1 (2017). As a second phase of our work to combat the issues of human trafficking and attendant drug abuse on the Mandan, Hidatsa and Arikara Nation (MHA Nation), we developed a strategic plan to better understand the time, scale, and capacity necessary to address the rising social problems accompanying the boom of oil and gas development there. During our process, we discovered, …


The Washington Redskins Case And The Search For Dignity, Victoria Phillips Jan 2017

The Washington Redskins Case And The Search For Dignity, Victoria Phillips

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: For more than sixty years, Native American activists have been involved in discussions and protests over the appropriation and use of tribal references in sports names, logos, and mascots. During this same period, many of these uses have since been changed, driven by civil rights struggles and a growing awareness of the proven social harms and racism inherent in these references. Despite a gradual movement towards abolition and evolving signs of cultural understanding, many mascots invoking Native names and imagery persist today across professional, collegiate, and local school district sports. These mascots and team names, and the trademarks associated …


Of Contract, Culture, And The Code: Judge Easterbrook And The Cheyenne Indians, John M. Conley Mar 2016

Of Contract, Culture, And The Code: Judge Easterbrook And The Cheyenne Indians, John M. Conley

Touro Law Review

No abstract provided.


South Dakota: Making Dollars And Sense Of Indian Child Removal, Rachael Whitaker Mar 2013

South Dakota: Making Dollars And Sense Of Indian Child Removal, Rachael Whitaker

Rachael Whitaker

South Dakota- Making Dollars and Sense of Indian Child Removal By: Rachael Whitaker In 2004, a South Dakota Governor’s Commission report adamantly denied claims that the state’s Department of Social Services (DSS) is “harvesting Indian children as a cash crop” and “runs nothing more than a state sponsored kidnapping program.” National Public Radio (NPR) broke a story in 2011, claiming South Dakota removed Indian children for profit. Since NPR’s report, the state has remained tight-lipped, advocates have threatened litigation, and Congress has asked for answers. South Dakota has a small population and economy, and it receives almost half of its …


The Original Understanding Of The Indian Commerce Clause, Robert G. Natelson Jan 2007

The Original Understanding Of The Indian Commerce Clause, Robert G. Natelson

Robert G. Natelson

The United States Congress claims plenary and exclusive power over federal affairs with the Indian tribes, based primarily on the Constitution’s Indian Commerce Clause. This article is the first comprehensive analysis of the original meaning of, and understanding behind, that constitutional provision. The author concludes that, as originally understood, congressional power over the tribes was to be neither plenary nor exclusive.


Gayanashogowa And Guardianship: Expanding And Clarifying The Federal-Tribal Trust Relationship, Kavitha Janardhan Apr 2006

Gayanashogowa And Guardianship: Expanding And Clarifying The Federal-Tribal Trust Relationship, Kavitha Janardhan

ExpressO

The Onondaga Nation of New York seeks to nullify a series of treaties executed by the State of New York, and thereby assert title to over 3100 square miles of land in Central New York State. The goal of the suit is to enforce an environmental restoration of culturally and historically significant aboriginal lands. In order to bring a claim against the State, the Nation must first compel the federal gov-ernment to act on its behalf. By emphasizing distinctive features of Iroquois self-government, the following Note suggests ways to expand the federal government’s trust responsibility to protect cultural inter-ests in …


The United States Supreme Court And Indigenous Peoples: Still A Long Way To Go Toward A Therapeutic Role, S. James Anaya Jan 2000

The United States Supreme Court And Indigenous Peoples: Still A Long Way To Go Toward A Therapeutic Role, S. James Anaya

Seattle University Law Review

Although the Court has in many instances ruled in favor of Native Americans, its approach in the multiple cases it has decided involving them could rarely be called therapeutic in the sense that term is used in the Introduction to this issue. The Court's jurisprudence in this area provides perhaps the starkest American example of the appellate judiciary functioning in an antitherapeutic role in the context of majority-minority conflicts. In this brief Article, I will identify particular aspects of the Court's jurisprudence to make this point. Further, I will suggest what is needed in order for the Court to function …