Law Commons^™

Voter Id: Combating Voter Fraud Or Disenfranchising? A Comprehensive Analysis Of Voter Id Laws, Native American Disenfranchisement, And Their Intersection, Will Hyland

University of Miami International and Comparative Law Review

This note discusses the contentious issue of voter ID laws and their ability to disproportionately affect various racial and ethnic groups, with specific attention paid to such laws’ effects on Native Americans. Since the 2000 election catastrophe and subsequent changes to our election system, voter ID laws have become a hot-button issue. Many states have enacted voter ID laws in the years since, some of which have resulted in restrictive voting requirements that may result in disproportionately discriminatory voter disenfranchisement. This note willa first give a general overview of the complicated and convoluted recent development voter ID laws, a history …

White Tape And Indian Wards: Removing The Federal Bureaucracy To Empower Tribal Economies And Self-Government, Adam Crepelle

University of Michigan Journal of Law Reform

American Indians have the highest poverty rate in the United States, and dire poverty ensnares many reservations. With no private sector and abysmal infrastructure, reservations are frequently likened to third-world countries. Present-day Indian poverty is a direct consequence of present-day federal Indian law and policy. Two-hundred-year-old laws premised on Indian incompetency remain a part of the U.S. legal system; accordingly, Indian country is bound by heaps of federal regulations that apply nowhere else in the United States. The federal regulatory structure impedes tribal economic development and prevents tribes from controlling their own resources.

This Article asserts the federal regulatory “white …

Predicting Supreme Court Behavior In Indian Law Cases, Grant Christensen

Michigan Journal of Race and Law

This piece builds upon Matthew Fletcher’s call for additional empirical work in Indian law by creating a new dataset of Indian law opinions. The piece takes every Indian law case decided by the Supreme Court from the beginning of the Warren Court until the end of the 2019-2020 term. The scholarship first produces an Indian law scorecard that measures how often each Justice voted for the “pro- Indian” outcome. It then compares those results to the Justice’s political ideology to suggest that while there is a general trend that a more “liberal” Justice is more likely to favor the pro-Indian …

Indigenizing Grand Canyon, Jason Anthony Robison

Utah Law Review

The magical place commonly called the “Grand Canyon” is Native space. Eleven tribes hold traditional connections to the canyon according to the National Park Service. This Article is about relationships between these tribes and the agency—past, present, and future. Grand Canyon National Park’s 2019 centennial afforded a valuable opportunity to reflect on these relationships and to envision what they might become. A reconception of the relationships has begun in recent decades that evidences a shift across the National Park System as a whole. This reconception should continue. Drawing on the tribal vision for Bears Ears National Monument, this Article advocates …

Permanent Homelands Through Treaties With The United States: Restoring Faith In The Tribal Nation-U.S. Relationship In Light Of The Mcgirt Decision, Angelique Eaglewoman

Mitchell Hamline Law Review

No abstract provided.

Allocating Medicine Fairly In An Unfair Pandemic, Govind Persad

Sturm College of Law: Faculty Scholarship

America’s COVID-19 pandemic has both devastated and disparately harmed minority communities. How can the allocation of scarce treatments for COVID-19 and similar public health threats fairly and legally respond to these racial disparities? Some have proposed that members of racial groups who have been especially hard-hit by the pandemic should receive priority for scarce treatments. Others have worried that this prioritization misidentifies racial disparities as reflecting biological differences rather than structural racism, or that it will generate mistrust among groups who have previously been harmed by medical research. Still others complain that such prioritization would be fundamentally unjust. I argue …