Indigenous, Indian, and Aboriginal Law Commons^™

Opportunities For Reconciliation: The Legal History Of The Leech Lake Indian Reservation And The Chippewa National Forest, Douglas P. Thompson, Jason Decker, Torivio A. Fodder, Gavin M. Ratcliffe, Michael J. Dockry, Ben Benoit, Christopher Murray

Mitchell Hamline Law Review

No abstract provided.

Exercising The Right Of Self-Rule: Tribal Constitutional Law And Customary Law, Kekek Jason Stark

Mitchell Hamline Law Review

No abstract provided.

Can Tribes Get A Receipt?: Seeking Transparency For State Spending Of Tribal Tax Dollars, Adam Crepelle

Faculty Publications & Other Works

No abstract provided.

Federal Indian Law As Method, Matthew L.M. Fletcher

University of Colorado Law Review

No abstract provided.

Aboriginal Title, Private Property Interests, And Statutes Of Limitation, Kent Mcneil

All Papers

A major unresolved issue in Canadian law is the status of third-party interests that were allegedly created on Aboriginal title lands in non-treaty areas of Canada. The legal validity of these interests could depend on when and where they were granted by the Crown. Pre-Confederation Crown grants would have been subject to the Royal Proclamation of 1763 and to the limited authority delegated to colonial governments, but not to the division of powers in the Constitution Act, 1867, whereas post-Confederation grants would be subject to the latter. Grants after, but not before, April 17, 1982, would be subject to the …

We Shall Overcome: The Evolution Of Quotas In The Land Of The Free And The Home Of Samba, Stella Emery Santana

Seattle University Law Review

When were voices given to the voiceless? When will education be permitted to all? When will we need to protest no more? It’s the twenty-first century, and the fight for equity in higher education remains a challenge to peoples all over the world. While students in the United States must deal with the increase in loans, in Brazil, only around 20% of youth between the ages of twenty-five and thirty-four have a higher education degree.

The primary objective of this Article is to conduct an in-depth comparative analysis of the development, implementation, and legal adjudication of educational quota systems within …

Pacific Islands And The U.S. Military: The Legal Borderlands Of The Environmental Movement, Sonia Lei

Seattle University Law Review

Climate change remains an urgent, ongoing global issue that requires critical examination of institutional polluters. This includes the world’s largest institutional consumer of petroleum: the United States military. The Department of Defense (DoD) is a massive institution with little oversight, a carbon footprint spanning the globe, a budget greater than the next ten largest nations combined, and overly generous exemptions to environmental regulations and carbon reduction targets. This Comment examines how this lack of accountability and oversight plays out in the context of three Pacific islands that have hosted U.S. military bases for decades. By considering the environmental impact of …

Indian Country Lawyers: A South Dakota Survey, Bryce Drapeaux, Hannah Haksgaard

Faculty Publications

South Dakota’s reservations are rural and suffer from a shortage of lawyers. Relatedly, there are very few Native American licensed attorneys in South Dakota. This essay confronts the rural lawyer shortage on South Dakota’s reservations by documenting the lawyers practicing on South Dakota’s reservations. In addition, this essay addresses the access to justice crisis amplified on South Dakota’s reservations by this lawyer shortage. The essay provides some insight into the difficulties of placing more lawyers onto the reservations, while also offering potential pathways to remedy this crisis.

Biopiracy: Using New Laws And Databases To Protect Indigenous Communities, Cleo-Symone Scott

Law Student Publications

Indigenous people have a historical link to those who inhabited a country or region at the time when people of different cultures or origins arrived. Traditionally, indigenous people have a special relationship with their ancestral environments. But their way of living has long been under threat. The land that indigenous people live on is home to over 80% of our planet’s biodiversity, but it continues to be appropriated and plundered due to bioprospecting or, as some call it, biopiracy. Bioprospecting is defined as “the exploration and information gathering of genetic and biochemical material to develop commercial products.” While innovation is …

The Consumer’S Choice To Boycott, Agnes Bresee

Seattle University Law Review

In the wake of employees losing their jobs upon voicing their political opinions concerning Israel, Harvard and Columbia law students’ job offers being rescinded upon expressing support for Palestine, and the names and social media profiles of individuals who support Palestine being collected and listed on Canary Mission, such backlash may leave many Americans wondering what form of resistance to settler-colonialist apartheid is acceptable in the twenty-first century. Recently, the movement to collectively boycott brands like Starbucks, which sued its Worker’s Union for a tweet expressing support for Palestine; Disney, which donated money to Israel; and McDonald’s, where a location …

A Different Approach To Agency Theory And Implications For Esg, Jonathan Bonham, Amoray Riggs-Cragun

Seattle University Law Review

In conventional agency theory, the agent is modeled as exerting unobservable “effort” that influences the distribution over outcomes the principal cares about. Recent papers instead allow the agent to choose the entire distribution, an assumption that better describes the extensive and flexible control that CEOs have over firm outcomes. Under this assumption, the optimal contract rewards the agent directly for outcomes the principal cares about, rather than for what those outcomes reveal about the agent’s effort. This article briefly summarizes this new agency model and discusses its implications for contracting on ESG activities.

Overseeing The Administrative State, Jill E. Fisch

Seattle University Law Review

In a series of recent cases, the Supreme Court has reduced the regulatory power of the Administrative State. Pending cases offer vehicles for the Court to go still further. Although the Court’s skepticism of administrative agencies may be rooted in Constitutional principles or political expediency, this Article explores another possible explanation—a shift in the nature of agencies and their regulatory role. As Pritchard and Thompson detail in their important book, A History of Securities Law in the Supreme Court, the Supreme Court was initially skeptical of agency power, jeopardizing Franklin Delano Roosevelt (FDR)’s ambitious New Deal plan. The Court’s acceptance …

The Sec, The Supreme Court, And The Administrative State, Paul G. Mahoney

Seattle University Law Review

Pritchard and Thompson have given those of us who study the SEC and the securities laws much food for thought. Their methodological focus is on the internal dynamics of the Court’s deliberations, on which they have done detailed and valuable work. The Court did not, however, operate in a vacuum. Intellectual trends in economics and law over the past century can also help us understand the SEC’s fortunes in the federal courts and make predictions about its future.

A Hard Pill To Swallow: The Abysmal Mental Health Standards Of Detained Immigrant Children In The United States, Rama Bankesly

Seattle University Law Review

After setting foot into the U.S., unaccompanied children must learn to navigate academic and legal systems while receiving little support and carrying the heavy burden of effects of trauma on their mental health. They need access to mental health care from qualified professionals, but as this Comment will explain, they systematically fail to receive care, as can be seen in cases like Doe v. Shenandoah Valley Juv. Ctr. Comm’n. In Shenandoah, an unaccompanied child arrived in the U.S. and was placed in a facility that failed to provide remotely adequate mental health care and in fact was subjected …

Revising The Indian Plenary Power Doctrine, M. Henry Ishitani, Alexandra Fay

Michigan Journal of Race and Law

The federal Indian law doctrine of Congressional plenary power is long overdue for an overhaul. Since its troubling nineteenth-century origins in Kagama v. United States (1886), plenary power has justified invasive Congressional interventions and undermined Tribal sovereignty. The doctrine's legal basis remains a constitutional conundrum. This Article considers the Court's recent engagement with plenary power in Haaland v. Brackeen (2023). It argues that the Brackeen opinions may signal judicial readiness to reevaluate the doctrine. The Article takes ahold of Justice Gorsuch's critical assessment and runs with it, ultimately proposing a method for cleaning up this destructive and constitutionally dubious line …

Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?, Steven A. Ramirez

Seattle University Law Review

The Roberts Court holds a well-earned reputation for overturning Supreme Court precedent regardless of the long-standing nature of the case. The Roberts Court knows how to overrule precedent. In Students for Fair Admissions v. Harvard (SFFA), the Court’s majority opinion never intimates that it overrules Grutter v. Bollinger, the Court’s leading opinion permitting race-based affirmative action in college admissions. Instead, the Roberts Court applied Grutter as authoritative to hold certain affirmative action programs entailing racial preferences violative of the Constitution. These programs did not provide an end point, nor did they require assessment, review, periodic expiration, or revision for greater …

The Significance Of The Un Declaration On The Rights Of Indigenous Peoples, S. James Anaya

Publications

No abstract provided.

Dissenting Opinion?, Richard B. Collins

Publications

Johnson v. M'Intosh is important for its extensive description of the racist Doctrine of Discovery. But its holding had no bearing on legal rights of American Indian nations. The opinion's articulation of tribal rights to land ownership and retained sovereignty were correctly stated.

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

American Indian Law Review

No abstract provided.