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Republication And Translation Of 1998 Introduction And Welcome, Robert Yazzie, Navajo Nation

Tribal Law Journal

In 1998, for the first volume of the Tribal Law Journal, Former Chief Justice Robert Yazzie, Navajo Nation, was asked to submit an introduction and welcome for the Tribal Law Journal.

In his Introduction and Welcome, he details how the Tribal Law Journal will further the understanding of the internal laws of Indian nations, along with those of indigenous nations throughout the world. He emphasizes that this Journal will be a place for native voices to be heard and will allow others to speak with the tribes.

In effort to integrate native languages into the Tribal Law Journal, the Tribal …

Views From A Tribal Court: How The Indian Civil Rights Act Led To Civil Rights Violations, Anne Bruno

Tribal Law Journal

This article examines the implications of the Indian Civil Rights Act (ICRA), and its impact on one tribe in New Mexico. The article first discusses the development of the ICRA and its subsequent effect on individual rights and tribal nation’s responsibilities when handling criminal offenses in tribal courts. Second, the article provides some historical context and background of pueblo Indian communities in New Mexico as a prelude to providing observations that were made of one specific Pueblo’s Contemporary Tribal Court. Third, the article provides a detailed glimpse into the procedures that were followed during six criminal arraignments: focusing on the …

Public Lands, Conservation, And The Possibility Of Justice, Sarah Krakoff

Publications

On December 28, 2016, President Obama issued a proclamation designating the Bears Ears National Monument pursuant to his authority under the Antiquities Act of 1906, which allows the President to create monuments on federal public lands. Bears Ears, which is located in the heart of Utah’s dramatic red rock country, contains a surfeit of ancient Puebloan cliff-dwellings, petroglyphs, pictographs, and archeological artifacts. The area is also famous for its paleontological finds and its desert biodiversity. Like other national monuments, Bears Ears therefore readily meets the statutory objective of preserving “historic and prehistoric structures, and other objects of historic or scientific …

To Sue And Be Sued: Capacity And Immunity Of American Indian Nations, Richard B. Collins

Publications

Can American Indian nations sue and be sued in federal and state courts? Specific issues are whether tribes have corporate capacity to sue, whether a Native group has recognized status as a tribe, and whether and to what extent tribes and their officers have governmental immunity from suit. Tribal capacity to sue is now well established, and federal law has well-defined procedures and rules for tribal recognition. But tribal sovereign immunity is actively disputed.

This Article reviews retained tribal sovereignty in general and summarizes past contests over tribal capacity to sue and their resolution into today’s settled rule. Next is …

Shooting Down Oliphant: Self-Defense As An Answer To Crime In Indian Country, Adam Crepelle

Lewis & Clark Law Review

Crime is a dire public safety problem in Indian country as Indians suffer violent crime at twice the rate of any other racial group. Indian country’s unique and confusing jurisdictional scheme combined with a shortage of police leave Indians easy targets for those looking to commit crimes. A largely unexplored answer to crime in Indian country is self-defense. This Article posits that the United States self-defense jurisprudence may make self-defense the most practical solution to crime in some parts of Indian country.

The Article discusses the history of self-defense laws and the relationship between self-defense laws and firearms. The Article …

How The Trump Administration Can Inform Its Indian Land Policies In Light Of Historical Breakdowns, Shae Weathersbee

American Indian Law Review

No abstract provided.

Tribal Cannabis: Solution To Oklahoma Public Education Underfunding, Kaimbri White

American Indian Law Review

No abstract provided.

Traditional Jurisprudence And Protection Of Our Society: A Jurisgenerative Tail, Gregory H. Bigler

American Indian Law Review

No abstract provided.

Extending Tribal Criminal Jurisdiction Outside Of Indian Country: Kelsey V. Pope, Greg S. Keogh

American Indian Law Review

No abstract provided.

“Dramatically Altered The Legal Landscape”? City Of Sherrill V. Oneida Indian Nation In The Lower Courts, Samuel Pokross

American Indian Law Review

No abstract provided.

Indian Country And The Territory Clause: Washington's Promise At The Framing, John Hayden Dossett

American University Law Review

No abstract provided.

A Proposal For A National Tribally Owned Lien Filing System To Support Access To Capital In Indian Country, William H. Henning, Susan M. Woodrow, Marek Dubovec

Faculty Scholarship

This article sets forth a proposal to develop and implement a national, state-of-the-art, all-electronic filing system to support tribes’ secured-transactions laws, with the goal of improving access to capital for tribes, tribal consumers, and, most importantly, independent Native-owned businesses. Tribes are increasingly recognizing the need to establish a sound commercial legal infrastructure, including in particular a modern secured-transactions law, to support sustainable business development. Toward this end, many tribes have adopted the Model Tribal Secured Transactions Act (MTSTA), and many more are in the process of reviewing the act for adoption. Central to the functioning of any secured-transactions law is …

Rebuilding Trust? The Sand Creek Massacre And The Federal-Tribal Trust Relationship In Flute V. United States, Alexander Sokolosky

Oklahoma Law Review

No abstract provided.

Front Pages

American Indian Law Review

No abstract provided.

The Misuse Of History In Dismissing Six Nations Confederacy Land Claims, Curtis G. Berkey, Alexandra C. Page, Lindsay G. Robertson

American Indian Law Review

No abstract provided.

Welcome To The Mvskoke Reservation: Murphy V. Royal, Criminal Jurisdiction, And Reservation Diminishment In Indian Country, Calandra Mccool

American Indian Law Review

No abstract provided.

How The Ninth Circuit Severed The Indian Civil Rights Act From Federal Habeas Corpus Precedent Under The Guise Of Tribal Sovereignty, Morgan Medders

American Indian Law Review

No abstract provided.

Murphy V. Royal: Crime And Procedure, Kevin Cartwright

American Indian Law Review

No abstract provided.

Winner, Best Appellate Brief In The 2018 Native American Law Student Association Moot Court Competition, Lianne T. Chung, Nicholas Ernst

American Indian Law Review

No abstract provided.

Front Pages

American Indian Law Review

No abstract provided.

Trust Lands For The Native Hawaiian Nation: Lessons From Federal Indian Law Precedents, Lane Kaiwi Opulauoho

American Indian Law Review

No abstract provided.

Indigenous Peoples, The International Trend Toward Legal Personhood For Nature, And The United States, Hannah White

American Indian Law Review

No abstract provided.

Foundations Of Sand: Justice Thomas’S Critique Of The Indian Plenary Power Doctrine, Taylor Ledford

American Indian Law Review

No abstract provided.

Agua Caliente Band Of Cahuilla Indians V. Coachella Valley Water District: A Tribe’S Successful Fight For Federally Reserved Water Rights, Alyssa Lankford

American Indian Law Review

No abstract provided.

Battling For Human Rights In Indian Country (Speech At The 50 Years Of The Indian Civil Rights Act Symposium), David E. Wilkins, Lumbee Nation

Tribal Law Journal

The speech discusses the Indian Civil Rights Act (ICRA) and its implications on citizenship, specifically disenrollment. Prof. Wilkins discusses his view of “‘dismemberment’ as the act of cutting off a part of the tribal body—doing harm to both the politically discarded individual and the Nation itself—taking place behind the cloak of native sovereignty.”

The speech first provides a brief history of banishment within tribal communities followed by a discussion of federal Indian law and its impact on tribal banishment through a review of important federal Supreme Court cases as well as significant tribal court cases.

Second, the speech provides a …

Human "Being", Laura Spitz

Faculty Scholarship

In this summary, Professor Spitz discusses how the Douglas Treaties acknowledged Aboriginal title when negotiations with Indigenous populations when purchasing land. She looks at how what the definition of “human being” is during the 18th century and how Douglas’ respect of Aboriginal land title also indicated he was these people as people. This diverges from categorizations surrounding the term Indian, and its implication that populations were subhuman and/or a different species.

Douglas is still embedded in a larger social and legal structure even as he understands indigenous populations as human when it comes to resources and allocations. Where the …

Cdib: The Role Of The Certificate Of Degree Of Indian Blood In Defining Native American Legal Identity, Paul Spruhan

Faculty Scholarship

This article is about the CDIB and its role in defining Native American legal identity. The purpose of the article is to describe the CDIB, its function, its statutory authority (or lack thereof), and the BIA’s recent attempts at issuing regulations, which no other article or book has done. First, I discuss its primary purpose as proof of blood quantum for specific federal statutes and regulations, and how its use has expanded to other purposes, including by tribes to define eligibility for membership. Second, I discuss its origins as an internal BIA document lacking any direct congressional authorization or published …

Revisiting Seminole Rock, Jeffrey A. Pojanowski

Journal Articles

The rule that reviewing courts must defer to agencies’ interpretations of their own regulations has come under scrutiny in recent years. Critics contend that this doctrine, often associated with the 1997 Supreme Court decision Auer v. Robbins, violates the separation of powers, gives agencies perverse regulatory incentives, and undermines the judiciary’s duty to say what the law is.
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/="/">This essay offers a different argument as to why Auer is literally and prosaically bad law. Auer deference appears to be grounded on a misunderstanding of its originating case, the 1945 decision Bowles v. Seminole Rock. A closer look at …

Standing Rock, The Sioux Treaties, And The Limits Of The Supremacy Clause, Carla F. Fredericks, Jesse D. Heibel

Publications

The controversy surrounding the Dakota Access Pipeline (“DAPL”) has put the peaceful plains of North Dakota in the national and international spotlight, drawing thousands of people to the confluence of the Missouri and Cannonball Rivers outside of Standing Rock Sioux Reservation for prayer and peaceful protest in defense of the Sioux Tribes’ treaties, lands, cultural property, and waters. Spanning over 7 months, including the harsh North Dakota winter, the gathering was visited by indigenous leaders and communities from around the world and represents arguably the largest gathering of indigenous peoples in the United States in more than 100 years.

At …

"At Bears Ears We Can Hear The Voices Of Our Ancestors In Every Canyon And On Every Mesa Top": The Creation Of The First Native National Monument, Charles Wilkinson

Publications

No abstract provided.