Law Commons^™

􏰀Enough􏰁S Enough􏰂: Protest Law And The Tradition Of Chilling Indigenous Free Speech, Alix H. Bruce

American Indian Law Journal

Indigenous peoples in the United States were not granted the full scope of their rights as citizens under the Constitution until the enactment of the Indian Citizenship Act of 1924. Before that—and after—several state and federal campaigns worked to stifle the civil rights of Indigenous peoples. Many of those unjust and unconstitutional policies were upheld by the Supreme Court. In the current era, the anti-pipeline protests on the edge of the Standing Rock Sioux Reservation in North Dakota sparked a new recognition of Indigenous resistance under the First Amendment—and vicious state and federal backlash against Indigenous free speech via the …

Waived: The Detrimental Implications Of U.S. Immigration And Border Security Measures On Southern Border Tribes – An Analysis Of The Impact Of President Trump’S Border Wall On The Tohono O’Odham Nation, Keegan C. Tasker

American Indian Law Journal

No abstract provided.

The Flourishing Race: How The Success Of American Indian Artist-Entrepreneurs Underscores The Need For Enhanced Legal Protections For Native Intellectual Property, Jessica Roberts

American Indian Law Journal

No abstract provided.

Aboriginal Rights And Constitutional Conflict: The Marshall Court, State And Federal Sovereignty, And Native American Rights Under The 1789 Constitution, Guy Charlton

American Indian Law Journal

No abstract provided.

Nothing Is Over: Ftca Claims For Toxic Torts On Native Lands, Jessica Ditmore

American Indian Law Journal

In 1976, Congress passed the Resource Conservation and Recovery Act (“RCRA”) to curtail the growing problem of disposing of hazardous waste and toxic substances generally. Decades prior, Congress established the Federal Tort Claims Act (“FTCA”) to hold the federal Government liable for tortious conduct the same way a private citizen would be. The federal government assumed the responsibility to ensure the wellbeing of Native Nations (“NN”). This is commonly referred to the “Trust Doctrine.” This duty stems from the settlement of Native American lands, and a recognition of the treaties entered into by the United States with a “moral [obligation] …

Green Means Go: Tribes Rush To Regulate Cannabis In Indian Country, Julie Kim, Jessica Roberts

American Indian Law Journal

During the Obama administration, the United States Department of Justice (DOJ) issued a series of memos stating that the federal government would not interfere with state laws legalizing cannabis. The United States Attorney General later expressly extended this policy to Indian Country. As a result, tribes began debating potential advantages and disadvantages of participating in the cannabis market. Then, in January 2018, the DOJ rescinded the memos and publicly recommitted itself to prosecuting the possession, cultivation, and distribution of marijuana. Consequently, tribes should approach “The Green Rush” as an exercise of their sovereignty; when a tribe decides to legalize or …

Case Law On American Indians August 2018-2019, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

Fighting On Behalf Of The Salish Sea, Cloie M. Chapman

American Indian Law Journal

Despite the wealth of data that suggests climate change will disrupt our ecosystems, key political actors have declined to take action to mitigate the anticipated effects. Further, we have seen deeper investment into the fossil fuel industry, an industry that has been a substantial contributor to climate change. Community-led movements have proven more successful in engaging with these issues on the ground. Creative legal strategies could aid in this movement and allow for strengthened enforcement of rights that are closely dependent on the health of the environment.

The Salish Sea is a body of water that reaches from Western Canada …

Improving Justice And Avoiding Colonization In Managing Climate Change Related Disasters: A Case Study Of Alaska Native Villages, Elizaveta Barrett Ristroph

American Indian Law Journal

No abstract provided.

Indian Child Welfare Act Annual Case Law Update And Commentary, Kathryn Fort, Adrian T. Smith

American Indian Law Journal

No abstract provided.

A Change In South Dakota’S Child Sexual Abuse Statute Of Limitations: An Equal Protection Violations?, Peyton Healy

American Indian Law Journal

No abstract provided.

Lessons From Batson In A Comparative Criminal Context: How Implicit Racial Biases Remain Unaddressed In Canadian Jury Section, Brittney Adams

American Indian Law Journal

This Article highlights how Batson challenges may be instructive for addressing racial biases in jury selection in Canada and draws on the murder of Colten Boushie as an illustration of how the current system has failed to hold white defendants accountable in criminal cases involving Aboriginal victims. While far from perfect, peremptory Batson challenges in the United States serve as a nod to the ongoing issue of racial bias in jury selection in the United States. Canadian jury selection contains no similar challenges, which has too often resulted in all-white or mostly-white juries failing to hold white defendants accountable for …

Tribal Treaty Rights And Natural Resource Protection: The Next Chapter United States V. Washington - The Culverts Case, Richard Du Bey, Andrew S. Fuller, Emily Miner

American Indian Law Journal

No abstract provided.