Introduction,
2025
UNLV Gaming Law Journal, University of Nevada, Las Vegas -- William S. Boyd School of Law
Beyond Bingo: How Class Ii Bingo-Based "Slot Machines" Are Reshaping Tribal-State Dynamics,
2025
University of Nevada, Las Vegas -- William S. Boyd School of Law
Beyond Bingo: How Class Ii Bingo-Based "Slot Machines" Are Reshaping Tribal-State Dynamics, Kelsey Henderson
UNLV Gaming Law Journal
No abstract provided.
Economic Development For Native Nevada: How Indian Gaming Can Further Tribal Self-Determination,
2025
University of Nevada, Las Vegas -- William S. Boyd School of Law
Economic Development For Native Nevada: How Indian Gaming Can Further Tribal Self-Determination, Makai Zuniga
UNLV Gaming Law Journal
No abstract provided.
Bringing Together The United Nations Convention On The Rights Of Persons With Disabilities And The Declaration On The Rights Of Indigenous Peoples In Canada,
2025
Dalhousie University Faculty of Law
Bringing Together The United Nations Convention On The Rights Of Persons With Disabilities And The Declaration On The Rights Of Indigenous Peoples In Canada, Constance Macintosh
Dalhousie Law Journal
This article explores the relationship between the United Nations Convention on the Rights of People with Disabilities (CRPD) and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) with regards to the situation of Indigenous persons with disabilities living in Canada. In particular, it considers how the obligations and responsibilities identified under the UNDRIP and the CRPD can be interpreted and realized in a manner that is complementary and may amplify the likelihood of the goals of each instrument being realized. An explicit goal is avoiding the exclusions and erasures which arise when single identity politics dominate, which …
Interveners’ Ideas As Influence: Revisiting Ktunaxa Nation,
2025
Brock University
Interveners’ Ideas As Influence: Revisiting Ktunaxa Nation, Danielle Mcnabb, Minh Do
Dalhousie Law Journal
With the patriation of the Constitution in 1982, including the addition of the Canadian Charter of Rights and Freedoms and provisions delineating the rights of Indigenous peoples, the Supreme Court of Canada inherited profound political powers. The number of non-governmental actors “intervening” in cases sharply increased. Judicial review produced a democratizing effect because a new “window of opportunity” for marginalized groups to enact social change through the Court was opened. However, several scholars suggest that in practice, the Constitution has led to “very few gains” for Indigenous peoples. To better understand the nature of Indigenous intervener participation, and to assess …
Keynote Speech From The 2025 Indian Nations Gaming & Governance Program Symposium,
2025
University of Nevada, Las Vegas -- William S. Boyd School of Law
Keynote Speech From The 2025 Indian Nations Gaming & Governance Program Symposium, Patrice Kunesh
UNLV Gaming Law Journal
No abstract provided.
Indigenous Communities Suffer Multi-Generational Trauma (“Susto”) From The Trafficking And Slavery Of Native Women And Children,
2025
St. Mary's University School of Law
Indigenous Communities Suffer Multi-Generational Trauma (“Susto”) From The Trafficking And Slavery Of Native Women And Children, Bill Piatt, Karagan Carson, Meghan Monahan, Makayla Perez
The Scholar: St. Mary's Law Review on Race and Social Justice
No abstract provided.
Flowing Justice: Quantifying Water Rights In The Wake Of Arizona V. Navajo Nation—Navigating The Legal Oasis For Native American Water Sovereignty,
2025
Texas A&M University School of Law
Flowing Justice: Quantifying Water Rights In The Wake Of Arizona V. Navajo Nation—Navigating The Legal Oasis For Native American Water Sovereignty, Sydney Shearouse
Texas A&M Journal of Property Law
Climate change has spurred a meteoric rise in environmental disputes particularly in arid climates where water shortages have become increasingly commonplace. Water rights controversies rise to the fore of public discourse as awareness and acceptance of climate change—and its impact on scarce resources—have become a near universal norm. These water shortages impact everyone. However, Native American tribes are uniquely impacted as their water rights are not clearly defined in the treaties that established the various reservations. The Supreme Court decided in Winters v. United States (1908) that there is a fiduciary duty owed to Native American tribes by the federal …
Completing Icwa’S History,
2025
Columbia Law School
Completing Icwa’S History, Joshua Gupta-Kagan
Faculty Scholarship
When the Supreme Court, in Brackeen v. Haaland, upheld the Indian Child Welfare Act (ICWA) — federal legislation making it harder for child family regulation (a.k.a. child protection) agencies to separate Indigenous children from their parents — it centered Congress’s effort to remedy a long history of unwarranted separations of Indigenous families.
A Battle Among Sovereigns: Partnering Federal Exhaustion And Infringement Principles To Safeguard Tribal Court Jurisdiction Over Labor And Employment Disputes,
2025
University of Arkansas, Fayetteville
A Battle Among Sovereigns: Partnering Federal Exhaustion And Infringement Principles To Safeguard Tribal Court Jurisdiction Over Labor And Employment Disputes, Cody T. Preston
Arkansas Law Review
Since the shift in federal policy starting in the late 1960s towards Indian self-determination and self-government, Indian tribes have leveraged federal support to enter into a broad variety of commercial activities to fund their governments and community programs. Despite some of the earliest iterations of the policy of self-determination being a call to “break decisively with the past and to create the conditions for a new era in which the Indian future is determined by Indian acts and Indian decisions” and to uphold promises to provide tribes with “a standard of living comparable to that of other Americans,” tribes have …
First In Time Since Time Immemorial: Tribal Instream Rights Undercut Water Taking Claims,
2025
Golden Gate University School of Law
First In Time Since Time Immemorial: Tribal Instream Rights Undercut Water Taking Claims, Paul Stanton Kibel, L. Victoria Wang
American Indian Law Journal
Courts have held that American Indian tribal fishery rights can give rise to tribal instream flow rights. They have also held that the curtailment of rights of diversion to protect fisheries under the Federal Endangered Species Act may give rise to potential takings claims under the Fifth Amendment of the United States Constitution. In its 2019 decision in Baley v. United States the federal circuit court of appeals held that minimum instream flows under the ESA were needed to fulfill American Indian tribal fishery rights, and these rights carried a priority date of “time immemorial” that was senior to any …
The Navajo Nation And The Colorado River: Their Current Statuses And The Tribe's Path Forward,
2025
Seattle University School of Law
The Navajo Nation And The Colorado River: Their Current Statuses And The Tribe's Path Forward, Colton Gregg
American Indian Law Journal
No abstract provided.
The Untenability Of Justice Clarence Thomas's Indian Law Jurisprudence: Confronting The Indian Commerce Clause To Address The Problem Of Historical Change In Federal Indian Law,
2025
Seattle University School of Law
The Untenability Of Justice Clarence Thomas's Indian Law Jurisprudence: Confronting The Indian Commerce Clause To Address The Problem Of Historical Change In Federal Indian Law, Skylar Logan Wiseman
American Indian Law Journal
By viewing the Indian Commerce Clause as conferring only a modest grant of federal power over Indian affairs—a power limited solely to trade in the economic sense of the word—Justice Clarence Thomas has subjected the Court’s Indian law jurisprudence to a wide-ranging originalist critique that, if successful, would invalidate nearly all of federal Indian law. Justice Thomas’s efforts to locate plenary power within the metes and bounds of the Indian Commerce Clause are here revealed for what they really are: attempts at tenability and coherence in a field of law which simultaneously bolsters tribal sovereignty while restricting it in ways …
Book Review: Reclaiming Anishinaabe Law: Kinamaadiwin Inaakonigewin And The Treaty Right To Education By Leo Baskatawang,
2025
Osgoode Hall Law School of York University
Book Review: Reclaiming Anishinaabe Law: Kinamaadiwin Inaakonigewin And The Treaty Right To Education By Leo Baskatawang, Karen Drake
Articles & Book Chapters
No abstract provided.
Compendium Of Exhibits From The Papers Of Supreme Court Justices,
2025
University of New Mexico - School of Law
Compendium Of Exhibits From The Papers Of Supreme Court Justices, John P. Lavelle
Faculty Scholarship
A compendium of exhibits from multiple libraries and archives to accompany John P. LaVelle, Uses and Abuses of Johnson v. M'Intosh in Native American Land Rights Cases: Investigative Insights from the Indian Law Justice Files, 86 Montana Law Review 281 (2025).
Vulnerability In The Law,
2025
American University Washington College of Law
Vulnerability In The Law, Sara Aziz, Aisli Ali, Casey Williams, Lindsey Nye, Saya Khandhar, Sofia Bazdekis
Human Rights Brief
On Monday, February 24, 2025, the Human Rights Brief (“the Brief”) at American University Washington College of Law (“WCL”) held its annual spring symposium with the theme of “Vulnerability in the Law.” This year’s theme aimed to highlight areas where legal systems fall short in protecting vulnerable populations, as well as highlighting where the law itself is vulnerable. The symposium was organized by Symposium and Education Editor Sara Aziz, in collaboration with the Junior Symposium Staff: Asli Ali, Casey Williams, Lindsey Nye, Saya Khandhar, and Sofia Bazdekis. The team worked relentlessly to coordinate panels on legal issues, including technology, environmental …
Reflections On The Launch Of The Inspection Panel And People-Centered Accountability,
2025
American University Washington College of Law
Reflections On The Launch Of The Inspection Panel And People-Centered Accountability, David B. Hunter
Perspectives
No abstract provided.
Through A Glass Darkly: How Securities Disclosures Give A Distorted View Of The Economy,
2025
Seattle University School of Law
Through A Glass Darkly: How Securities Disclosures Give A Distorted View Of The Economy, Gerald F. Davis
Seattle University Law Review
Our understanding of the American economy often relies on stylized facts derived from mandatory disclosures by listed corporations. Data vendors like Standard & Poor’s vacuum up 10Ks and proxy statements into databases, and scholars distill these into tentative maps. This may have been adequate for a postwar economy centered on asset-heavy manufacturers, but it is increasingly out of step with an information-based economy. Companies listed on the stock market are fewer in number and less representative than they were, light in tangible assets and people, and heavy on IP. Basic facts such as what industry they are in are increasingly …
The Bugbear Of Indigenous Commercial Fishing Rights On The Eastern Frontiers Of Australia And The United States,
2025
Columbia Law School
The Bugbear Of Indigenous Commercial Fishing Rights On The Eastern Frontiers Of Australia And The United States, Teresa Singh
LL.M. Essays & Theses
Restrictions on the commercial exercise of Indigenous fishing rights are plentiful across the U.S. and Australia. They have particular force and prevalence for Indigenous communities residing in the sites of the first colonies in both nations. This note exposes the common history underlying the diminished rights in these regions and argues the situation amounts to a critical environmental injustice. It follows that environmental justice advocates and scholars should embrace and advance the more encompassing iteration of Indigenous fishing rights urged by this note and support their restoration as a form of corrective justice for these communities.
Criminalizing Ecocide: An Opportunity To Embed The Inseparability Of Humans From Nature Into The Law,
2025
American University, Washington College of Law
Criminalizing Ecocide: An Opportunity To Embed The Inseparability Of Humans From Nature Into The Law, Rebecca Hamilton
Scholarly Articles in Law Reviews & Journals
Amid widespread acknowledgment that we live on a planet in peril, the term “ecocide” packs a powerful rhetorical punch. Extant regulatory approaches to environmental protection feel insufficient in the face of the triple threat of climate change, pollution, and biodiversity loss. International criminal prosecution for ecocide, by contrast, promises to meet the moment, and a recent proposal to introduce ecocide into the canon of core international crimes is gaining traction. Assuming the push to criminalize ecocide continues to gain momentum, this Article argues that the primary (and perhaps, sole) benefit that international criminal law can offer in this context is …
