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Full-Text Articles in Law

Inextricably Political: Race, Membership And Tribal Sovereignty, Sarah Krakoff Jan 2012

Inextricably Political: Race, Membership And Tribal Sovereignty, Sarah Krakoff

Sarah Krakoff

Courts address equal protection questions about the distinct legal treatment of American Indian tribes in the following dichotomous way: are classifications concerning American Indians “racial or political?” If the classification is political (i.e. based on federally recognized tribal status or membership in a federally recognized tribe) then courts will not subject it to heightened scrutiny. If the classification is racial rather than political, then courts may apply heightened scrutiny. This article challenges the dichotomy itself. The legal categories “tribe” and “tribal member” are themselves political, and reflect the ways in which tribes and tribal members have been racialized by U.S. …


Planetarian Identity Formation And The Relocalization Of Environmental Law, Sarah Krakoff Jan 2011

Planetarian Identity Formation And The Relocalization Of Environmental Law, Sarah Krakoff

Sarah Krakoff

Local food, local work, local energy production—all are hallmarks of a resurgence of localism throughout contemporary environmental thought and action. The renaissance of localism might be seen as a retreat from the world’s global environmental problems. This paper maintains, however, that some forms of localism are actually expressions, and appropriate ones, of a planetary environmental consciousness. The paper’s centerpiece is an in-depth evaluation of local climate action initiatives, including interviews with participants as well as other data and observations about their ethics, attitudes, behaviors, and motivations. The values and identities being forged in these initiatives form the basis for timely …