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Articles 1 - 6 of 6
Full-Text Articles in Law
Federal Indian Law As Method, Matthew L. M. Fletcher
Federal Indian Law As Method, Matthew L. M. Fletcher
Articles
Morton v. Mancari is well-known in Indian law circles as a foundation for the tribal self-determination era, which is generally understood to have begun in the late 1960s and early 1970s. The case involved an Act of Congress that required the federal “Indian Office” (now called the Bureau of Indian Affairs) to grant preference in employment to “Indians.” The case is typically understood as the basis for analyzing how federal statutes that apply exclusively to Indian people do not implicate the anti-discrimination principles of the United States Constitution. This understanding of the case, while correct, is too narrow.
In Citizenship We Trust? The Citizenship Question Need Not Impede Puerto Rican Decolonization, Jimmy Mcdonough
In Citizenship We Trust? The Citizenship Question Need Not Impede Puerto Rican Decolonization, Jimmy Mcdonough
Michigan Law Review
Puerto Rico is an uncomfortable reminder of the democratic deficits within the world’s oldest constitutional democracy. Puerto Ricans are U.S. citizens who live in a U.S. territory that is subject to the plenary authority of Congress, to which they cannot elect voting members. In 2022, under unified Democratic control for the first time in a decade, Congress considered the Puerto Rico Status Act, legislation that would finally decolonize Puerto Rico. The Status Act offered Puerto Rican voters three alternatives to the colonial status quo—statehood, independence, or sovereignty in free association—and committed Congress to implementing whichever alternative won majority support from …
Nepantla/Coatlicue/Conocimiento, Gerald Torres
Nepantla/Coatlicue/Conocimiento, Gerald Torres
Michigan Law Review
A Review of Borderlands/La Frontera: The New Mestiza. By Gloria Anzaldúa.
The Ascension Of Indigenous Cultural Property Law, Angela R. Riley
The Ascension Of Indigenous Cultural Property Law, Angela R. Riley
Michigan Law Review
Indigenous Peoples across the world are calling on nation-states to “decolonize” laws, structures, and institutions that negatively impact them. Though the claims are broad based, there is a growing global emphasis on issues pertaining to Indigenous Peoples’ cultural property and the harms of cultural appropriation, with calls for redress increasingly framed in the language of human rights. Over the last decade, Native people have actively fought to defend their cultural property. The Navajo Nation sued Urban Outfitters to stop the sale of “Navajo panties,” the Quileute Tribe sought to enjoin Nordstrom’s marketing of “Quileute Chokers,” and the descendants of Tasunke …
How Racism Persists In Its Power, Deborah N. Archer
How Racism Persists In Its Power, Deborah N. Archer
Michigan Law Review
A Review of The Fire Next Time. By James Baldwin.
Origin Stories: Critical Race Theory Encounters The War On Terror, Natsu Taylor Saito
Origin Stories: Critical Race Theory Encounters The War On Terror, Natsu Taylor Saito
Michigan Journal of Race and Law
Stories matter. They matter to those intent on maintaining structures of power and privilege, and to those being crushed by those structures. In the United States, the space to tell, and to hear, our stories has been expanding. This means that the histories and lived realities of those who have been excluded, particularly people of color, are seeping into mainstream discourse, into the books our children read, the movies and television shows they watch, and the many websites comprising social media. Critical race theory has played a role in this expansion. It insists that we recognize the legitimacy of the …