Book Review: Canadian Justice, Indigenous Injustice: The Gerald Stanley And Colten Boushie Case,
2023
Osgoode Hall Law School of York University
Book Review: Canadian Justice, Indigenous Injustice: The Gerald Stanley And Colten Boushie Case, F. Tim Knight
Librarian Publications & Presentations
No abstract provided.
2022-2023 Sovereignty In Oklahoma Indian Country,
2023
University of Oklahoma College of Law
2022-2023 Sovereignty In Oklahoma Indian Country, Darla Jackson
Other Faculty Publications
No abstract provided.
Walters V. Tribe, 23-Ap-06 (Blkft. Tr. Ct. App., June 27, 2023),
2023
University of Montana
Walters V. Tribe, 23-Ap-06 (Blkft. Tr. Ct. App., June 27, 2023), Blackfeet Appellate Court
Court Decisions
In the Blackfeet Tribal Court of Appeals, the Court affirmed a denial of a Writ of Habeas Corpus. The Court reasoned that the appellant was released numerous times to seek treatment, but failed to do so, released for medical issues but failed to comply, and failed to previously return to the Blackfeet Correction’s Center and charged with disobeying a court order. The Appellant has made multiple demonstrations that he will not comply with conditions set by the Court, therefore, Appeal denied.
Are We Atoning For Our Past Or Creating More Problems: How Covid-19 Legislative Relief Laws Are Shaping The Identities Of Indigenous Populations In North America,
2023
University of Miami School of Law
Are We Atoning For Our Past Or Creating More Problems: How Covid-19 Legislative Relief Laws Are Shaping The Identities Of Indigenous Populations In North America, Samuel Kramer
University of Miami Inter-American Law Review
This student’s note will attempt to answer three questions: 1) How Canadian and American legal precedent affects the modern identity of Indigenous Populations? 2) How COVID-19 legislative relief continues to shape indigenous identities? and 3) Can a comparative study teach legislators about enacting legislation that withstands shifts in political climates?
The Borders Of Responsibility, The Democratic Intellect, And Other Elephants In The Room,
2023
Dalhousie University Schulich School of Law
The Borders Of Responsibility, The Democratic Intellect, And Other Elephants In The Room, Liam Mchugh-Russell
Dalhousie Law Journal
What can André Zucca’s photos, taken during the Nazi occupation of Paris, tell us about the law to come or the challenges it will pose to lawyers, legal scholars and legal educators? In short: Zucca’s photos serve not just as a cipher for a past in need of reckoning but as a caution about abiding a present in which crisis is always just out of frame. In the throes of slow-motion apocalypse, what should an intellectual be? And for whom? In 80 years, when someone is rifling through an attic shoebox of our history, will we appear like the subjects …
Baby Girl,
2023
Humboldt Cal Poly, Northwestern California University
Abrogating Tribal Sovereign Immunity Via The Bankruptcy Code,
2023
University of Arkansas Little Rock
Abrogating Tribal Sovereign Immunity Via The Bankruptcy Code, Amanda Hager Freudensprung
University of Arkansas at Little Rock Law Review
No abstract provided.
In The Room Where It Happens: How Federal Appropriations Law Can Enforce Tribal Consultation Policies And Protect Native Subsistence Rights In Alaska,
2023
University of Washington School of Law
In The Room Where It Happens: How Federal Appropriations Law Can Enforce Tribal Consultation Policies And Protect Native Subsistence Rights In Alaska, Kieran O'Neil
Washington Law Review
Federal-tribal consultation is one of the only mechanisms available to American Indian and Alaska Native communities to provide input on federal management decisions impacting their subsistence lands and resources. While the policies of many federal agencies “require” consultation, agencies routinely approach consultation as a procedural checklist rather than a two-way dialogue for receiving, considering, and incorporating tribal needs and concerns. Substantive failure to consult is particularly harmful for Alaska Native communities that rely heavily on subsistence resources yet lack treaties to enforce hunting and fishing rights. The Alaska National Interest Lands Conservation Act (ANILCA) contains a “rural priority” provision that …
Oklahoma V. Castro-Huerta, Jurisdictional Overlap, Competitive Sovereign Erosion, And The Fundamental Freedom Of Sovereign Nations,
2023
Marquette University Law School
Oklahoma V. Castro-Huerta, Jurisdictional Overlap, Competitive Sovereign Erosion, And The Fundamental Freedom Of Sovereign Nations, Michael D.O. Rusco
Marquette Law Review
In addition to its stunning internal flaws, the United States Supreme Court’s opinion in Oklahoma v. Castro-Huerta exemplifies Indian law’s broader flaws as a jurisprudence. Castro-Huerta holds that states have concurrent criminal jurisdiction with federal and tribal governments over crimes by non-Indians against Indians on reservation lands. Justice Gorsuch deftly addresses many of the glaring internal flaws in Kavanaugh’s majority opinion, but not all. He does not dissect the hollow assertion that reservations are part of the surrounding state both geographically and politically. This cannot go unaddressed, particularly given its weak analysis, misguided use of precedent, and broader consequences.
Front Matter,
2023
University of New Mexico - School of Law
A Proposal For A Model Indigenous Intellectual Property Protectiontribal Code (Miipptc),
2023
Delaware State University
A Proposal For A Model Indigenous Intellectual Property Protectiontribal Code (Miipptc), Prof. Tomasz G. Smolinski
Tribal Law Journal
The appropriation of Native American cultural and intellectual property has become commonplace in the United States. At the same time, mainstream, Western cultural/intellectual property laws are inadequate to properly protect traditional Indigenous knowledge. To address this problem, scholars have begun to advocate for a three-tiered system, in which, in addition to national and international legal protections, tribal laws would play a fundamental role in the fight against cultural appropriation. Alas, few Native American tribes explicitly address cultural and/or intellectual property rights in any of their legal instruments. This is especially true with respect to intangible intellectual property, such as traditional …
Tribes And H-1bs: Promoting Inclusion Of Tribal Interests In Immigration
Policy Through Employment-Based Visas,
2023
University of New Mexico - School of Law
Tribes And H-1bs: Promoting Inclusion Of Tribal Interests In Immigration Policy Through Employment-Based Visas, Alejandro Alvarado
Tribal Law Journal
Tribal law and immigration law provide a comprehensive space, with plenty of crossover issues, for legal practitioners to explore how immigration law may benefit Tribes and Indigenous Peoples. These issues arise from the history of the United States undermining Tribal interests through immigration policy as it created international borders and established citizenship criteria. As a result, Indigenous Peoples have been impacted by U.S. immigration policy with regard to global mobility, family separation, issues related to border security, and economic prosperity. With the continued growth of Tribal economies, U.S. immigration policy risks limiting Tribal interests and welfare by not providing explicit …
Traditional Tlingit Law & Governance And Contemporary Sealaska Corporate Governance: 4 Core Values And A Jurisprudence Of Transformation,
2023
University of New Mexico
Traditional Tlingit Law & Governance And Contemporary Sealaska Corporate Governance: 4 Core Values And A Jurisprudence Of Transformation, Micah S. Mcneil , Esq.
Tribal Law Journal
This paper will give historical insight into the Tlingit Nation’s governance and showcase how their government has changed over time. This paper will then talk about the unique form of governance adapted through the Sealaska Corporation and its various associate organizations. The Tlingit governmental structure was clan-based throughout its history but has evolved to a regional corporate and tribal government structure because of the Alaska Native Claims Settlement Act (ANCSA). Fundamental to Tlingit law and governance is holding to core values while embracing a jurisprudence of change and transformation. Though, I focus on the four core values of the Tlingit, …
The Role Of United States V. Cooley And Mcgirt V. Oklahoma In Determining Criminal Jurisdiction In Indian Country,
2023
Utah Valley University
The Role Of United States V. Cooley And Mcgirt V. Oklahoma In Determining Criminal Jurisdiction In Indian Country, Prof. Dustin Jansen
Tribal Law Journal
Understanding jurisdiction is paramount to deciding whether federal, state, or tribal courts can exercise jurisdiction for crimes committed in Indian country. The evolution of federal Indian law has created a legal landscape that is far from consistent. For the Indian law practitioner, it is important to stay abreast of the latest case law available to understand where proper jurisdiction lies. The latest cases of McGirt v. Oklahoma and United States v. Cooley are the newest case law available that demonstrate the Supreme Court’s reasoning and analysis in determining proper jurisdiction.
Experiments In Legal Hybridity: From Indian Tort Law To Tribal Tort Law,
2023
University of New Mexico - School of Law
Experiments In Legal Hybridity: From Indian Tort Law To Tribal Tort Law, Noah T. Allaire
Tribal Law Journal
Tort law is a broad set of rules designed to compensate people who have suffered injuries and harm by imposing penalties on those who caused the resulting injuries and harm. Indian tort law is the limited set of rules that the United States imposed upon tribal nations over a century ago. Today, tribal courts have the important opportunity and responsibility to articulate tribal tort law. Tribal legislatures, in turn, can codify tribal tort rules to guide future judicial decisionmaking. Through this process, tribal tort law will gradually supplant Indian tort law. Articulating tribal tort law necessarily involves conducting experiments in …
(Some) Land Back...Sort Of: The Transfer Of Federal Public Lands To Indian Tribes Since 1970,
2023
University of Washington School of Law
(Some) Land Back...Sort Of: The Transfer Of Federal Public Lands To Indian Tribes Since 1970, Audrey Glendenning, Martin Nie, Monte Mills
Articles
Federal public lands in the United States were carved from the territories of Native Nations and, in nearly every instance, required that the United States extinguish pre-existing aboriginal title. Following acquisition of these lands, the federal government pursued various strategies for them, including disposal to states and private parties, managing lands to allow for multiple uses, and conservation or protection. After over a century of such varied approaches, the modern public landscape is a complex milieu of public and private interests, laws and policies, and patchwork ownership patterns. This complexity depends on—and begins with—the history of Indigenous dispossession but subsequent …
“Subsistence Is Cultural Survival”: Examining The Legal Framework For The Recognition And Incorporation Of Traditional Cultural Landscapes Within The National Historic Preservation Act,
2023
Senior Staff Attorney, Native American Rights Fund
“Subsistence Is Cultural Survival”: Examining The Legal Framework For The Recognition And Incorporation Of Traditional Cultural Landscapes Within The National Historic Preservation Act, Wesley James Furlong
Tribal Law Journal
Over the past thirty years, Tribes have exercised growing influence in federal land management and permitting decisions, precipitated, in part, by amendments to the National Historic Preservation Act (“NHPA”) and evolving perspectives in cultural resource management and historic preservation. Despite the increased influence Tribes have gained in federal decision-making processes with the NHPA, it is often an ineffective tool to protect tribal cultural resources. Indigenous cultural resources and perspectives on cultural resource stewardship often do not fit easily within the NHPA’s framework. Nevertheless, until federal law is changed to actually protect Indigenous cultural resources, Tribes must operate within this existing …
Natural Law, Assumptions, And Humility,
2023
American University Washington College of Law
Natural Law, Assumptions, And Humility, Ezra Rosser
Scholarly Articles in Law Reviews & Journals
This review of Natural Property Rights celebrates Eric Claeys’s efforts to resuscitate natural law as a viable approach to property law. Although readers unlikely to be convinced that natural law is the way to best understand property rights, Claeys succeeds in breathing new life into natural law. Natural Property Rights’ emphasis on use as property law’s fundamental value creates space to reconceptualize the rights of property owners and the place of non-owners within a just theory of property rights. The main critiques of Natural Property Rights offered in this review center around the choice to prioritize rights over duties and …
[2023 Honorable Mention] Coerced Removal Of Indigenous Children: The Past And Present Native Child Welfare In The United States,
2023
California State University, Monterey Bay
[2023 Honorable Mention] Coerced Removal Of Indigenous Children: The Past And Present Native Child Welfare In The United States, Mad Bolander, Emily Greaves, Amada Villa Nueva Lobato
Ethnic Studies Research Paper Award
Our podcast attempts to convey indigenous healing efforts since the time of BIA schools in the United States. With the ICWA ruled unconstitutional, we ask what have the lived experiences been of native children who were forcibly removed from their families and tribes? And what does this mean for children who might now be taken away from their families again without the protection of the ICWA?
Toward Mutual Recognition: An Investigation Of Oral Tradition Evidence In The United States And Canada,
2023
University of Washington School of Law
Toward Mutual Recognition: An Investigation Of Oral Tradition Evidence In The United States And Canada, Kalae Trask
Washington Journal of Social & Environmental Justice
United States (“U.S.”) courts have long failed to recognize the value of oral traditional evidence (“OTE”) in the law. Yet, for Indigenous peoples, OTE forms the basis of many of their claims to place, property, and political power. In Canada, courts must examine Indigenous OTE on “equal footing” with other forms of admissible evidence. While legal scholars have suggested applying Canadian precedent to U.S. law regarding OTE, scholarship has generally failed to critically examine the underlying ethos of settler courts as a barrier to OTE admission and usefulness. This essay uses the work of political philosopher, James Tully, …
