Indigenous, Indian, and Aboriginal Law Commons^™

Rennard Strickland: Living Without Notes, Katheleen Guzman

American Indian Law Review

No abstract provided.

Biography: C. Steven Hager

American Indian Law Review

No abstract provided.

Reprint: The Rule Of Law: Mcgirt V. Oklahoma And The Recognition Of The Muscogee (Creek) Reservation, C. Steven Hager

American Indian Law Review

No abstract provided.

Tributes To Steve Hager, Kace Rodwell, Michael Colbert Smith, Stephanie Hudson

American Indian Law Review

No abstract provided.

Testimony Before The Commission On Native Children, Matthew L.M. Fletcher

Other Publications

This letter and powerpoint were prepared at the request of the Alyce Spotted Bear and Walter Soboleff Commission on Native Children in advance of a hearing on jurisdictional issues related to the Indian Child Welfare Act. I make several recommendations:

The Commission should recommend that Congress amend ICWA to provide for effective enforcement mechanisms. Those amendments could include (1) the establishment of express rights to bring interlocutory appellate court actions at more key points in state court child welfare matters, (2) the availability of attorney fees awards for Indian parents and Indian tribes in the event that a state or …

Bridges To A New Era Part 2: A Report On The Past, Present, And Potential Future Of Tribal Co-Management On Federal Lands In Alaska, Monte Mills, Martin Nie

Articles

Nowhere else in the United States are tribal connections and reliance on federal public lands as deep and geographically broad-based as in what is now Alaska. The number of Tribes—229 federally recognized tribes—and the scope of the public land resource—nearly 223 million acres—are simply unparalleled. Across that massive landscape, federal public lands and the subsistence uses they provide remain, as they have been since time immemorial, “essential to Native physical, economic, traditional, and cultural existence.”^[1] Alas, the institutions, systems, and processes responsible for managing those lands, protecting those uses, and honoring those connections are failing Alaska Native Tribes.

The …

Returning Home And Restoring Trust: A Legal Framework For Federally Non- Recognized Tribal Nations To Acquire Ancestral Lands In Fee Simple, Taino J. Palermo

Roger Williams University Law Review

No abstract provided.

Resisting Indigenous Erasure In Rhode Island: The Need For Compulsory Native American History In Rhode Island Schools, Whitney Saunders

Roger Williams University Law Review

No abstract provided.

Legal Issues In Tribal E-Commerce, Adam Crepelle

American University Business Law Review

No abstract provided.

Affirmed Or Delegated? Finding Inherent Tribal Civil Power To Issue Protection Orders Against All Persons In Light Of Spurr V. Pope, Kelly Gaines Stoner, Cherokee Ancestry, Lauren Van Schilfgaarde, Cochiti Pueblo

Tribal Law Journal

Federal courts have wreaked havoc on tribal jurisdiction by injecting incertitude over their most basic authority, including the authority to issue and enforce civil protection orders. This jurisdictional incertitude causes not just legal disruption, but also further compromises the safety of Native people who are disproportionately victimized, especially by gender-based forms of violence. While Congress has been slow to remedy the onslaught of judicial limitations on tribal jurisdiction, Congress has at least remedied tribal authority to issue and enforce protection orders in 18 U.S.C. § 2265(e). However, even in this remedy, jurisdictional incertitude remains.

Case Note: Federal Indian Law – Tribal Criminal Jurisdiction – Indian Civil Rights Act – Tribal Sovereignty – United States V. Cooley, Sarah A. Sadlier, Mnikȟówožu Lakȟóta

Tribal Law Journal

In United States v. Cooley, a Ninth Circuit panel denied a petition for rehearing en banc, holding that a tribal officer, who was not cross-deputized, could neither search nor detain a non-Indian on a federal or state highway right-of-way through the reservation unless that individual had committed an “apparent” crime in the officer’s presence. Narrowly defining tribal police authority, the panel ruled that the officer conducted an extra-jurisdictional search and seizure. In arriving at this conclusion, the panel refused to recognize that the Tribe’s sovereignty affords its law enforcement agencies the authority to investigate those who imperil public order on …

A 385-Year Experiment To Erase A People: Intergenerational Acts Of Genocide Against The Narragansett Indian Tribe By The United States Of America And The State Of Rhode Island, Taylor A. Dumpson, Afro-Indigenous; Black, Narragansett, Nanticoke, And Mohawk Ancestry

Tribal Law Journal

Since Roger Williams’ arrival in Narragansett Territory in 1636, and his subsequent settlement of the Providence Plantations, the Narragansett Indian Tribe--the Indigenous people to this land--have faced a series of intergenerational atrocities, including attempted genocides. For generations, these heinous wrongs have not been corrected by state or federal courts, which have often compounded the harms against the Narragansett people. Although the American legal system has played a role in perpetuating the intergenerational harms experienced by the Narragansett people, these institutions also have the opportunity to be a part of the solution. The Article examines the existing domestic legal framework for …

Bad Men Among The Whites Claims In The Mni Wiconi Age, Julie Combs, Cherokee Nation

Tribal Law Journal

In a series of nine treaties with Native Nations in the late 1860s, the United States promised to reimburse Indigenous people for wrongs committed by “bad men among the whites, or among other people subject to the authority of the United States.” In the century and half that followed the signing of these nine treaties, “bad men among the whites” claims have been litigated in the Federal Circuit with some success by Indigenous plaintiffs, and courts have shaped the meaning of the clause and the remedies a successful plaintiff may receive. This comment explores the Bad Men clause in the …

Dedication To Professor Christine Zuni Cruz, Tribal Law Journal

Tribal Law Journal

No abstract provided.

Renard Strickland: A Legacy Of Generosity, Darla Jackson

Faculty Articles

No abstract provided.

Land, Legacy, And Law: Amending Cercla To Account For Environmental Contamination Of Tribal Cultural Resources, Alexander Toke

Cardozo Journal of Equal Rights & Social Justice

The note advocates for amending the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to enable Native American Tribes to recover damages for injuries to cultural resources. It argues that Tribal lands are disproportionately affected by environmental contamination and that current legal frameworks fail to address the unique cultural and spiritual significance of these resources.

A Human Rights Approach To Cultural Property: Repatriating The Yaqui Maaso Kova, Kristen A. Carpenter

Publications

No abstract provided.

Professionalism In Tribal Jurisdictions, Matthew L.M. Fletcher

Articles

American Indian law is an important area of law. There are 12 federally recognized Indian tribes in the state of Michigan.1 Indian tribes throughout the United States do business in Michigan. Indian tribal governments and corporations employ hundreds of thousands of non-Indians and received billions in federal pandemic relief. Indian gaming generated nearly $40 billion in revenues nationally last year. Still, many lawyers ignore the field or claim ignorance about the basic precepts of federal Indian law.

This article will canvass several themes of professionalism in tribal practice, drawing from this author’s tribal law experience over the last few decades. …

Preemption, Commandeering, And The Indian Child Welfare Act, Matthew L.M. Fletcher, Randall F. Khalil

Articles

This year (2022), the Supreme Court agreed to review wide-ranging constitutional challenges to the Indian Child Welfare Act (ICWA) brought by the State of Texas and three non-Indian foster families in the October 2022 Term. The Fifth Circuit, sitting en banc, held that certain provisions of ICWA violated the anti-commandeering principle implied in the Tenth Amendment and the equal protection component of the Fifth Amendment’s Due Process Clause.

We argue that the anti-commandeering challenges against ICWA are unfounded because all provisions of ICWA provide a set of legal standards to be applied in states which validly and expressly preempt state …

A Symbol Of Unity: Freeing The Aboriginal Flag, Dominic Shaw

BYU Law Review

No abstract provided.