Indigenous, Indian, and Aboriginal Law Commons^™

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.

The Indian Child Welfare Act, Political Classification Of “Indians,” And Preservation Of Tribal Sovereignty: Children, The Most Precious Resource, Rachel Yost

American Indian Law Review

No abstract provided.

Oklahoma V. Castro-Huerta: Oklahoma’S Latest Power Grab And Its Implications For Native Women In A Post-Roe World, Camryn A. Conroy

American Indian Law Review

No abstract provided.

A Note On Navajo Nation V. Urban Outfitters, Inc., Brantly J. Stockton

American Indian Law Review

No abstract provided.

Unprincipled Preemption: Why The Supreme Court Was Wrong In Oklahoma V. Castro-Huerta To Abandon Exclusive Federal Jurisdiction Over Crimes By Non-Indians Against Indians In Indian Country, Eric Ramoutar

American Indian Law Review

No abstract provided.

Removing The Stain Without Undermining Military Awards: Revoking Medals Earned At Wounded Knee Creek In 1890, Dwight S. Mears

American Indian Law Review

No abstract provided.

Front Pages

American Indian Law Review

No abstract provided.

How Poor Is Poor Enough? How Jurisdictional Differences In Implementing The Right To Counsel Affect Indigent Native Americans, J. Santana Spangler-Day

American Indian Law Review

No abstract provided.

Benefit Corporations—A Tool For Economic Development And Fostering Sovereignty In Tribal Business Structures, Madelynn M. Dancer

American Indian Law Review

No abstract provided.

The Amplified Federal Obligation: Why Dobbs V. Jackson Women’S Health Organization Amplifies The Federal Government’S Obligation To Provide Comprehensive Reproductive Health Care In Native American Communities, Rebecca M. Kamp

American Indian Law Review

No abstract provided.

Oklahoma V. Castro-Huerta—Using Sentencing Inequities To Address The Oliphant In The Room, Dillon M. Sullivan

American Indian Law Review

No abstract provided.

A Tribal Court Blueprint For The Choctaw Freedmen: Effect Of Cherokee Nation V. Nash, Leeann Littlejohn

American Indian Law Review

No abstract provided.

Community Resilience And Creating Capacities For Risk Reduction In First Nations Communities, Case Study In Minegoziibe Anishinabe (Pine Creek First Nation), Brittany S. Lavallee

Capstone Collection

The colonization of Indigenous peoples in Canada has serious consequences on First Nations, including forced removal and displacement from their ancestral lands, environmental degradation, declining resources and capacities, and human rights violations. First Nations communities are currently facing the amplified effects of human-driven climate change. Sustainability of the environment is not just a concept, but a practiced way of life, that recognizes the interdependence of all living things. This deep respect for Aki (earth) is at the foundation of First Nations cultures and continues to guide their actions to insure better futures for Seven Generations. The community of Minegoziibe Anishinabe …

A New Cobell: The Need For A Continued Buy-Back Program, Liam C. Conrad

American Indian Law Journal

The General Allotment Act of 1887 divided Indian reservations into smaller plots for the supposed benefit of individual Indians. Today, these allotments are severely fractionated, with some 160-acre plots having as many as a thousand owners. Since allotment, Congress has repeatedly attempted to solve this problem. However, only the Cobell Land Buy-Back Program has made any sizeable impact on fractionation levels. This paper examines the fractionation problem and the Cobell Program. Now that the Cobell Program has ended in November 2022, this paper argues that Congress must quickly reauthorize a similar program or fractionation will soon exceed pre-Cobell levels.

Seeking Higher Ground: Developing A Tribal Model Code For Disaster And Emergency Management In A Complex Jurisdictional Environment, Brian Candelaria

American Indian Law Journal

“The teepee is much better to live in;

always clean, warm in winter, cool in summer; easy to move. The white man builds his big house, cost much money, like big cage, shut out sun, can never move; always sick. Indians and animals know better how to live than white man; nobody can be in good health if does not have all the time fresh air, sunshine, and good water.”

- Chief Flying Hawk[1]

In 2019, I opened my submission for the Sovereignty Symposium’s Doolin Award with the statement above. The entry was accepted and reprinted in the American …

Reclaiming Sacred Homelands: Asserting Treaty Rights And The Path Towards Restoration Of The Badger-Two Medicine, Sarah Greenberg

American Indian Law Journal

“In order for law to have an influence in the lives of ordinary people, it must have something to do with the emotional feelings of justice, it must speak to our basic humanity, and it must give us common sense directions as to what behavior and beliefs are right and wrong"

Case Law On American Indians: October 2022 - August 2023, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

Shouldering The Burden Of Renewable Energy: Lithium Mining In Chile’S Indigenous Communities, Asha Wedemier-Allan

University of Miami Inter-American Law Review

Technology has improved society, from bridging digital divides to increasing efficiency. To power technology, energy sources were traditionally derived from diminishing and exhaustible resources like fossil fuels. The renewable energy revolution emerged to balance the global demand for technology with its impact on natural resources. Lithium is a critical, non-renewable mineral that clean technology relies on. Essentially, lithium makes renewable energy possible. As the pillar for a fossil fuel-free yet technology-driven society, it is imperative to examine the sustainability and impacts of lithium mining.

This Note discusses the legal and socio-political frameworks shaping foreign direct investments in Chile’s lithium mining …

A Human Rights And Legal Analysis Of The Understanding Our Roots Report, Naiomi Metallic, Cheryl Simon

Reports & Public Policy Documents

In October 2023, the University released Understanding Our Roots - Nstikuk tan wtapeksikw Report written by the Task Force on Settler Misappropriation of Indigenous Identity. The Report recommends the creation of a Standing Committee who would verify claims to Indigenous identity by students, faculty and staff seeking to benefit from any opportunity at the University that prioritizes access for Indigenous peoples, as well as investigate and recommend sanction in cases of suspected academic fraud whereby an individual assumes an Indigenous identity. The Report does not address or respond to potential legal issues and rights violations arising from its recommendation. To …

Amicus Curiae Brief Of The Navajo Nation, Paul Spruhan

Faculty Scholarship

The Navajo Nation Labor Commission ("NNLC" or "Commission") invited the Navajo Nation Department of Justice ("DOJ") to file an amicus brief in this matter. As discussed more fully below, the DOJ recommends that the NNLC hold an evidentiary hearing to gather facts necessary to conduct a full jurisdictional analysis under Montana and determine whether the Northern Apache County Special Healthcare District ("NACSHCD") has sovereign immunity. The fact gathering process is necessary given the fact-intensive analysis under both Montana and Arizona's sovereign immunity laws. As the Navajo Supreme Court has instructed, the proper threshold inquiry is whether jurisdiction exists over the …