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Full-Text Articles in Law
Bringing Congress And Indians Back Into Federal Indian Law: The Restatement Of The Law Of American Indians, Kirsten Matoy Carlson
Bringing Congress And Indians Back Into Federal Indian Law: The Restatement Of The Law Of American Indians, Kirsten Matoy Carlson
Washington Law Review
Congress and Native Nations have renegotiated the federal-tribal relationship in the past fifty years. The courts, however, have failed to keep up with Congress and recognize this modern federal-tribal relationship. As a result, scholars, judges, and practitioners often characterize federal Indian law as incoherent and inconsistent. This Article argues that the Restatement of the Law of American Indians retells federal Indian law to close the gap between statutory and decisional law. It realigns federal Indian law with the modern federal-tribal relationship negotiated between Congress and tribal governments. Consistent with almost a half-century of congressional law and policy, the Restatement clarifies …
Enfranchising Native Americans After Shelby County V. Holder: Congress's Duty To Act, Ryan Dreveskracht
Enfranchising Native Americans After Shelby County V. Holder: Congress's Duty To Act, Ryan Dreveskracht
Ryan Dreveskracht
This article discusses the U.S. Supreme Court's decision in Shelby County v. Holder, and the applicability of that decision to Indian Country. First, I give a background and context for the VRA, and then delve into a brief outline of historic and present-day tribal-state relations. Next, I analyze the Supreme Court's decision in Shelby County. I then make an Indian-specific application of the legal test employed in Shelby County. I conclude by arguing that Section 5 is both an appropriate and necessary measure to prevent ongoing voting discrimination targeting Native American citizens. Indeed, Congress not only has the power to …
"Peoples Distinct From Others": The Making Of Modern Indian Law, Charles Wilkinson
"Peoples Distinct From Others": The Making Of Modern Indian Law, Charles Wilkinson
Publications
No abstract provided.
Lost In The Shuffle: State-Recognized Tribes And The Tribal Gaming Industry, Alexa Koenig, Jonathan Stein
Lost In The Shuffle: State-Recognized Tribes And The Tribal Gaming Industry, Alexa Koenig, Jonathan Stein
ExpressO
This article presents the emerging argument that Native American tribes that have received state but not federal recognition have a legal right to engage in gaming under state law. This argument is based on five points: that 1) the regulation of gaming is generally a state right; 2) state tribes are sovereign governments with the right to game, except as preempted by the federal government; 3) federal law does not preempt gaming by state tribes; 4) state tribal gaming does not violate Equal Protection guarantees; and 5) significant policy arguments weigh in favor of gaming by state tribes under state …
Interpreting Indian Country In State Of Alaska V. Native Village Of Venetie, Kristen A. Carpenter
Interpreting Indian Country In State Of Alaska V. Native Village Of Venetie, Kristen A. Carpenter
Publications
According to federal Indian law's canons of construction, statutes enacted for the benefit of American Indians and Alaska Natives must be liberally interpreted in their favor. But a doctrine of statutory interpretation presently challenges certain applications of the Indian canons. Announced by the Supreme Court in Chevron, U.S.A. v. Natural Resources Defense Council, Inc., the doctrine requires that courts defer to administrative agency interpretations of ambiguous language in statutes they are authorized to administer. In instances where agencies construe statutes against Indian interests, Chevron deference and the Indian canons dictate opposite results for a reviewing court. This conflict muddles Indian …