Advocacy Matters,
2026
University of Colorado Law School
Advocacy Matters, Richard B. Collins
Publications
The Supreme Court’s 2022 Castro-Huerta decision was wrong on the points it discussed. It was doubly wrong for a reason it ignored. But the latter error was shared because all briefs and the dissenting opinion ignored it as well. The question presented was whether a nineteenth-century federal Indian country statute provided for exclusive federal jurisdiction over interracial crimes, or for concurrent authority with states. The Court held that the statute allowed concurrent jurisdiction. But it ignored the fact that Congress and the Court, until fairly recently, avoided concurrent federal-state jurisdiction over crimes. Had the self-styled originalist Justices taken their theory …
Front Pages,
2026
University of Oklahoma College of Law
Cutting The Gordian Knot Of Civil Liability: Cross-Deputization Agreements As A Remedy To Jurisdiction And Liability Concerns For Indian Country In Oklahoma,
2026
University of Oklahoma College of Law
Cutting The Gordian Knot Of Civil Liability: Cross-Deputization Agreements As A Remedy To Jurisdiction And Liability Concerns For Indian Country In Oklahoma, K. Mekko Factor
American Indian Law Review
No abstract provided.
A Historical Review Of Congressional Plenary Power And Tribal Treaties And The Implications Following Herrera,
2026
University of Oklahoma College of Law
A Historical Review Of Congressional Plenary Power And Tribal Treaties And The Implications Following Herrera, Skye Hosch Taylor
American Indian Law Review
No abstract provided.
Unethical Business Practices Plague Native American Cultures And Economies – Solutions To The Ineffectiveness Of The Indian Arts And Crafts Act,
2026
University of Oklahoma College of Law
Unethical Business Practices Plague Native American Cultures And Economies – Solutions To The Ineffectiveness Of The Indian Arts And Crafts Act, Benjamin Amoroso Sinder
American Indian Law Review
No abstract provided.
A Survivor's Tale: How The Northern And Eastern Districts Of Oklahoma Survived The Tidal Wave Collision Of Mcgirt V. Oklahoma,
2026
University of Oklahoma College of Law
A Survivor's Tale: How The Northern And Eastern Districts Of Oklahoma Survived The Tidal Wave Collision Of Mcgirt V. Oklahoma, Darbi E. Robertson
American Indian Law Review
No abstract provided.
Winner, Best Appellate Brief In The 2024 Native American Law Student Association Moot Court Competition,
2026
University of Oklahoma College of Law
Winner, Best Appellate Brief In The 2024 Native American Law Student Association Moot Court Competition, Molly Gunther, Kevin Burdet
American Indian Law Review
No abstract provided.
Front Pages,
2026
University of Oklahoma College of Law
The Bad Man’S Hourglass: Extending The Clock On Justice,
2026
University of Oklahoma College of Law
The Bad Man’S Hourglass: Extending The Clock On Justice, Liv G. Cummins
American Indian Law Review
No abstract provided.
With Religious Freedom Came Religious Authority: Apache Stronghold V. United States And The Exclusion Of Native American Religion Within The Legal Understanding Of Religious Freedom,
2026
University of Oklahoma College of Law
With Religious Freedom Came Religious Authority: Apache Stronghold V. United States And The Exclusion Of Native American Religion Within The Legal Understanding Of Religious Freedom, Cassidy Beck
American Indian Law Review
No abstract provided.
“Discovered!”: Plaintiff’S Brief To The United States Supreme Court In Johnson & Graham’S Lessee V. M‘Intosh (1823),
2026
University of Oklahoma College of Law
“Discovered!”: Plaintiff’S Brief To The United States Supreme Court In Johnson & Graham’S Lessee V. M‘Intosh (1823), Mark Savage
American Indian Law Review
No abstract provided.
Abrogation Without Mention: A Note On Lac Du Flambeau Band Of Lake Superior Chippewa Indians V. Coughlin,
2026
University of Oklahoma College of Law
Abrogation Without Mention: A Note On Lac Du Flambeau Band Of Lake Superior Chippewa Indians V. Coughlin, Taya Maxson
American Indian Law Review
No abstract provided.
Tulsa V. O’Brien: A City Adds To The Battle Over Jurisdiction In Indian Country,
2026
University of Oklahoma College of Law
Tulsa V. O’Brien: A City Adds To The Battle Over Jurisdiction In Indian Country, Fatima D. Jaime
American Indian Law Review
No abstract provided.
Ward, Trust, Or Sovereign: The Impact Of Metaphor In Supreme Court Indian Law Jurisprudence,
2026
University of Oklahoma College of Law
Ward, Trust, Or Sovereign: The Impact Of Metaphor In Supreme Court Indian Law Jurisprudence, Sadie Pate
American Indian Law Review
No abstract provided.
Winner, Best Appellate Brief In The 2025 Native American Law Student Association Moot Court Competition,
2026
University of Oklahoma College of Law
Winner, Best Appellate Brief In The 2025 Native American Law Student Association Moot Court Competition, Baylee Ogle, Madison Bailey
American Indian Law Review
No abstract provided.
Native American Law Explainer,
2026
University of Michigan Law School
Native American Law Explainer, Kincaid Brown
Law Librarian Scholarship
Native American tribes are the original sovereign peoples of the lands that now comprise the United States, with histories, governments, and cultures that predate the founding of the nation by thousands of years. Long before European colonization, hundreds of distinct tribal nations exercised independent political authority over their territories. Although the United States entered hundreds of treaties recognizing tribes as distinct political entities, federal Indian policy evolved over time through periods of treaty-making, forced removal, allotment, assimilation, termination, and, since the 1970s, tribal self-determination. The legal relationship between tribes and the federal government is grounded in the U.S. Constitution, as …
The Painted Ones’ Fine Line: Batok As A Protectable Form Of Traditional Knowledge Under Trade Secret Jurisprudence,
2026
American University Washington College of Law
The Painted Ones’ Fine Line: Batok As A Protectable Form Of Traditional Knowledge Under Trade Secret Jurisprudence, Kathleen M. Dinoso
American University Law Review
For centuries, the ancestral tattooing practice of batok has served not as mere ornamentation but as a visual archive of Indigenous Filipinos’ history and identity. In 2021, a digital creator invited the public to learn batok online for merely fifteen dollars. Soon after, many discovered that the renown instructor, Apo Whang-Od, may not have agreed to take part. The resulting discourse exposed a broader issue: Indigenous customs and creations become increasingly vulnerable to misappropriation and improper commodification as they enter global markets and multimedia platforms. Though this event occurred abroad, it highlights how U.S. law is poorly designed to protect …
Democratizing Restitution: Trust As An Equitable Approach To Competing Claims On Cultural Heritage Objects,
2026
Benjamin N. Cardozo School of Law
Democratizing Restitution: Trust As An Equitable Approach To Competing Claims On Cultural Heritage Objects, Britta Redwood
Articles
As formerly colonized states began to win their independence in the mid-twentieth century, a growing chorus of voices called on museums in London, Paris, Berlin, and other European cities to return objects taken during the colonial period. Having largely ignored these requests until recently, museums throughout Europe and the United States have begun negotiating returns of these objects to their rightful owners. There is a growing recognition among Western cultural institutions that continuing to hold cultural heritage objects taken under conditions of coercion or violence is morally untenable. More recently, some scholars have argued for a human rights approach to …
Seven County Infrastructure Coalition V. Eagle County,
2025
Alexander Blewett III School of Law, University of Montana
Seven County Infrastructure Coalition V. Eagle County, Craig A. Rigdon
Public Land & Resources Law Review
The National Environmental Policy Act of 1969 is a landmark in United States environmental law. For more than half a century, under its authority, all federal agencies contemplating proposed actions that pose significant environmental impacts have incorporated an analysis of those impacts into their decisions. These analyses provided an avenue for opponents to challenge an agency’s final decision in federal court. Earlier this year, the Supreme Court issued a “course correction” to rein in the disparate approaches that the lower courts had applied to cases challenging federal agency decisions on NEPA grounds. The unambiguous guidance the Court lays out for …
Indigenous Law Is Real Law: Ending Erasure Through Legal Reform And Recognition,
2025
University of Cincinnati College of Law
Indigenous Law Is Real Law: Ending Erasure Through Legal Reform And Recognition, Callie Mobley
University of Cincinnati Law Review
No abstract provided.
