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Indigenous, Indian, and Aboriginal Law Commons

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University of Oklahoma College of Law

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Articles 1 - 30 of 9364

Full-Text Articles in Indigenous, Indian, and Aboriginal Law

Front Pages Jan 2026

Front Pages

American Indian Law Review

No abstract provided.


Cutting The Gordian Knot Of Civil Liability: Cross-Deputization Agreements As A Remedy To Jurisdiction And Liability Concerns For Indian Country In Oklahoma, K. Mekko Factor Jan 2026

Cutting The Gordian Knot Of Civil Liability: Cross-Deputization Agreements As A Remedy To Jurisdiction And Liability Concerns For Indian Country In Oklahoma, K. Mekko Factor

American Indian Law Review

No abstract provided.


A Historical Review Of Congressional Plenary Power And Tribal Treaties And The Implications Following Herrera, Skye Hosch Taylor Jan 2026

A Historical Review Of Congressional Plenary Power And Tribal Treaties And The Implications Following Herrera, Skye Hosch Taylor

American Indian Law Review

No abstract provided.


Unethical Business Practices Plague Native American Cultures And Economies – Solutions To The Ineffectiveness Of The Indian Arts And Crafts Act, Benjamin Amoroso Sinder Jan 2026

Unethical Business Practices Plague Native American Cultures And Economies – Solutions To The Ineffectiveness Of The Indian Arts And Crafts Act, Benjamin Amoroso Sinder

American Indian Law Review

No abstract provided.


A Survivor's Tale: How The Northern And Eastern Districts Of Oklahoma Survived The Tidal Wave Collision Of Mcgirt V. Oklahoma, Darbi E. Robertson Jan 2026

A Survivor's Tale: How The Northern And Eastern Districts Of Oklahoma Survived The Tidal Wave Collision Of Mcgirt V. Oklahoma, Darbi E. Robertson

American Indian Law Review

No abstract provided.


Winner, Best Appellate Brief In The 2024 Native American Law Student Association Moot Court Competition, Molly Gunther, Kevin Burdet Jan 2026

Winner, Best Appellate Brief In The 2024 Native American Law Student Association Moot Court Competition, Molly Gunther, Kevin Burdet

American Indian Law Review

No abstract provided.


Front Pages Jan 2026

Front Pages

American Indian Law Review

No abstract provided.


The Bad Man’S Hourglass: Extending The Clock On Justice, Liv G. Cummins Jan 2026

The Bad Man’S Hourglass: Extending The Clock On Justice, Liv G. Cummins

American Indian Law Review

No abstract provided.


With Religious Freedom Came Religious Authority: Apache Stronghold V. United States And The Exclusion Of Native American Religion Within The Legal Understanding Of Religious Freedom, Cassidy Beck Jan 2026

With Religious Freedom Came Religious Authority: Apache Stronghold V. United States And The Exclusion Of Native American Religion Within The Legal Understanding Of Religious Freedom, Cassidy Beck

American Indian Law Review

No abstract provided.


“Discovered!”: Plaintiff’S Brief To The United States Supreme Court In Johnson & Graham’S Lessee V. M‘Intosh (1823), Mark Savage Jan 2026

“Discovered!”: Plaintiff’S Brief To The United States Supreme Court In Johnson & Graham’S Lessee V. M‘Intosh (1823), Mark Savage

American Indian Law Review

No abstract provided.


Abrogation Without Mention: A Note On Lac Du Flambeau Band Of Lake Superior Chippewa Indians V. Coughlin, Taya Maxson Jan 2026

Abrogation Without Mention: A Note On Lac Du Flambeau Band Of Lake Superior Chippewa Indians V. Coughlin, Taya Maxson

American Indian Law Review

No abstract provided.


Tulsa V. O’Brien: A City Adds To The Battle Over Jurisdiction In Indian Country, Fatima D. Jaime Jan 2026

Tulsa V. O’Brien: A City Adds To The Battle Over Jurisdiction In Indian Country, Fatima D. Jaime

American Indian Law Review

No abstract provided.


Ward, Trust, Or Sovereign: The Impact Of Metaphor In Supreme Court Indian Law Jurisprudence, Sadie Pate Jan 2026

Ward, Trust, Or Sovereign: The Impact Of Metaphor In Supreme Court Indian Law Jurisprudence, Sadie Pate

American Indian Law Review

No abstract provided.


Winner, Best Appellate Brief In The 2025 Native American Law Student Association Moot Court Competition, Baylee Ogle, Madison Bailey Jan 2026

Winner, Best Appellate Brief In The 2025 Native American Law Student Association Moot Court Competition, Baylee Ogle, Madison Bailey

American Indian Law Review

No abstract provided.


Homelands Not Graveyards, M. Alexander Pearl Jan 2025

Homelands Not Graveyards, M. Alexander Pearl

Faculty Articles

Within the last five years, the U.S. Supreme Court has taken up several transformative cases affecting Native nations and federal Indian law jurisprudence. The Supreme Court’s decision in Arizona v. Navajo Nation is no different. This Article examines that decision and situates it within that legal history as well as the realities of present-day water resource availability. While recent decisions have shown the Court’s willingness to confirm fundamental components of federal Indian law, such as the legal tests for determining the persistence of reservation and the authority of Congress to enact the Indian Child Welfare Act, the Court’s examination of …


Corporeal Property And The Limits Of Nagpra, M. Alexander Pearl Jan 2025

Corporeal Property And The Limits Of Nagpra, M. Alexander Pearl

Faculty Articles

No abstract provided.


Contested Sovereignty And Jurisdictional Flux In Oklahoma Indian Country 2025, Darla Jackson Jan 2025

Contested Sovereignty And Jurisdictional Flux In Oklahoma Indian Country 2025, Darla Jackson

Other Faculty Publications

No abstract provided.


Front Pages Jan 2025

Front Pages

American Indian Law Review

No abstract provided.


Institutions And Economic Development, Ezra Rosser Jan 2025

Institutions And Economic Development, Ezra Rosser

American Indian Law Review

No abstract provided.


Tribal Authority To Issue Search Warrants To Non-Tribal Entities Or On Non-Indian Land Within Reservation Boundaries, Ivy K. Chase Jan 2025

Tribal Authority To Issue Search Warrants To Non-Tribal Entities Or On Non-Indian Land Within Reservation Boundaries, Ivy K. Chase

American Indian Law Review

No abstract provided.


Into The Jurisdictionverse: How Tangled Jurisdictional Lines Around Indian Country Thwart Attempts To End The Crisis Of Missing And Murdered Indigenous Women, Evan Gamble Jan 2025

Into The Jurisdictionverse: How Tangled Jurisdictional Lines Around Indian Country Thwart Attempts To End The Crisis Of Missing And Murdered Indigenous Women, Evan Gamble

American Indian Law Review

No abstract provided.


The Native Fight For Hunting Rights: The Crow Tribe And Herrera V. Wyoming, Jacob Lewis Jan 2025

The Native Fight For Hunting Rights: The Crow Tribe And Herrera V. Wyoming, Jacob Lewis

American Indian Law Review

No abstract provided.


The “Arm” That Saves You Might Also Strangle You: The Impact Of Sovereign Immunity On Economic Arms Of Tribes And How It Could Affect Others’ Willingness To Contract With Them, Josh Pumphrey Jan 2025

The “Arm” That Saves You Might Also Strangle You: The Impact Of Sovereign Immunity On Economic Arms Of Tribes And How It Could Affect Others’ Willingness To Contract With Them, Josh Pumphrey

American Indian Law Review

No abstract provided.


The Need For Law In Federal Indian Law: A Response To Maggie Blackhawk In Light Of The Supreme Court’S Troubling Term For Tribal Sovereignty, Nicholas B. Mauer Jan 2025

The Need For Law In Federal Indian Law: A Response To Maggie Blackhawk In Light Of The Supreme Court’S Troubling Term For Tribal Sovereignty, Nicholas B. Mauer

American Indian Law Review

No abstract provided.


Indianness As Property, Carla Pratt Jan 2024

Indianness As Property, Carla Pratt

Faculty Articles

This Article expands upon the seminal work by Cheryl Harris entitled Whiteness as Property by exploring the intersection of race and property through Indianness. Indianness has been constructed as a form of property conferring rights and privileges to its holders which this Article examines through the inertial relationship between race and legal status. Tracing the historical evolution of Indianness from the slavery era to the modern era demonstrates the complex relationship between tribal sovereignty, citizenship and Indian identity. This legal history contextualizes contemporary disputes over who can enjoy tribal citizenship and be Indian. This Article advocates for a reevaluation of …


Green Colonialism: Sidelined While On The Front Lines, M. Alexander Pearl Jan 2024

Green Colonialism: Sidelined While On The Front Lines, M. Alexander Pearl

Faculty Articles

No abstract provided.


The Consequences Of Mythology: Supreme Court Decisionmaking In Indian Country, M. Alexander Pearl Jan 2024

The Consequences Of Mythology: Supreme Court Decisionmaking In Indian Country, M. Alexander Pearl

Faculty Articles

Ilanoli isht unowa. We tell our own stories. A single historical event has many stories. Although this nation's official chronicle expected and even hoped for Indigenous peoples to fade away, we are still here. Our histories are marked by resistance, survival, sovereignty, and renaissance. Only now, in the later stages of the American experiment, do our histories have the chance to matter in new forms and spaces. How much these stories matter within contemporary contexts depends upon where they are spoken and more importantly, who is listening. On the pages of a U.S. Supreme Court opinion, what stories are told …


2024 Sovereignty In Oklahoma Indian Country, Darla Jackson Jan 2024

2024 Sovereignty In Oklahoma Indian Country, Darla Jackson

Other Faculty Publications

No abstract provided.


Front Pages Jan 2024

Front Pages

American Indian Law Review

No abstract provided.


The Split From Precedent: An Analysis Of The Negative Impact Oklahoma V. Castro-Huerta Will Have In Indian Country, Meg A. Bloom Jan 2024

The Split From Precedent: An Analysis Of The Negative Impact Oklahoma V. Castro-Huerta Will Have In Indian Country, Meg A. Bloom

American Indian Law Review

No abstract provided.