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Environmental Justice And The Possibilities For Environmental Law, Sarah Krakoff 2019 University of Colorado Law School

Environmental Justice And The Possibilities For Environmental Law, Sarah Krakoff

Publications

Climate change and extreme inequality combine to cause disproportionate harms to poor communities throughout the world. Further, unequal resource allocation is shot through with the structures of racism and other forms of discrimination. This Essay explores these phenomena in two different places in the United States, and traces law’s role in constructing environmental and economic vulnerability. The Essay then proposes that solutions, if there are any to be had, lie in expanding our notions of what kinds of laws are relevant to achieving environmental justice, and in seeing law as a possible tactic for instigating broader social change but not …


Front Pages, 2019 University of Oklahoma College of Law

Front Pages

American Indian Law Review

No abstract provided.


California Indian Tribes And The Marine Life Protection Act: The Seeds Of A Partnership To Preserve Natural Resources, Curtis G. Berkey, Scott W. Williams 2019 University of Oklahoma College of Law

California Indian Tribes And The Marine Life Protection Act: The Seeds Of A Partnership To Preserve Natural Resources, Curtis G. Berkey, Scott W. Williams

American Indian Law Review

No abstract provided.


The Opioid Crisis In Indian Country: The Impact Of Tribal Jurisdiction And The Role Of The Exhaustion Doctrine, Matt Irby 2019 University of Oklahoma College of Law

The Opioid Crisis In Indian Country: The Impact Of Tribal Jurisdiction And The Role Of The Exhaustion Doctrine, Matt Irby

American Indian Law Review

No abstract provided.


Internet Gaming On & Off Tribal Lands, Logan Blackmore 2019 University of Oklahoma College of Law

Internet Gaming On & Off Tribal Lands, Logan Blackmore

American Indian Law Review

No abstract provided.


Digging Deeper To Protect Tribal Property Interests: United States V. Osage Wind, Llc, Allison B. Christian 2019 University of Oklahoma College of Law

Digging Deeper To Protect Tribal Property Interests: United States V. Osage Wind, Llc, Allison B. Christian

American Indian Law Review

No abstract provided.


Overlooking Canon: How The Alabama Supreme Court Used A Footnote To Disregard Tribal Sovereign Immunity In Wilkes V. Pci Gaming Authority, Ridge Howell 2019 University of Oklahoma College of Law

Overlooking Canon: How The Alabama Supreme Court Used A Footnote To Disregard Tribal Sovereign Immunity In Wilkes V. Pci Gaming Authority, Ridge Howell

American Indian Law Review

No abstract provided.


“Perhaps Congress Would, Perhaps Congress Should”—Why Match-E-Be-Nash-She-Wish Band Of Pottawatomi Indians V. Patchak And Carcieri V. Salazar Must Be Legislatively Overridden To Protect The Ira Trust Acquisition Authority, Kendall McCoy 2019 University of Oklahoma College of Law

“Perhaps Congress Would, Perhaps Congress Should”—Why Match-E-Be-Nash-She-Wish Band Of Pottawatomi Indians V. Patchak And Carcieri V. Salazar Must Be Legislatively Overridden To Protect The Ira Trust Acquisition Authority, Kendall Mccoy

American Indian Law Review

No abstract provided.


Winner, Best Appellate Brief In The 2019 Native American Law Student Association Moot Court Competition, Chelsea Minuche, Claire Postman 2019 University of Oklahoma College of Law

Winner, Best Appellate Brief In The 2019 Native American Law Student Association Moot Court Competition, Chelsea Minuche, Claire Postman

American Indian Law Review

No abstract provided.


Front Pages, 2019 University of Oklahoma College of Law

Front Pages

American Indian Law Review

No abstract provided.


How The New Deal Became A Raw Deal For Indian Nations: Justice Stanley Reed And The Tee-Hit-Ton Decision On Indian Title, Kent McNeil 2019 University of Oklahoma College of Law

How The New Deal Became A Raw Deal For Indian Nations: Justice Stanley Reed And The Tee-Hit-Ton Decision On Indian Title, Kent Mcneil

American Indian Law Review

No abstract provided.


Keeping Cultural Bias Out Of The Courtroom: How Icwa “Qualified Expert Witnesses” Make A Difference, Elizabeth Low 2019 University of Oklahoma College of Law

Keeping Cultural Bias Out Of The Courtroom: How Icwa “Qualified Expert Witnesses” Make A Difference, Elizabeth Low

American Indian Law Review

No abstract provided.


Being Uighur . . . With “Chinese Characteristics”: Analyzing China’S Legal Crusade Against Uighur Identity, Brennan Davis 2019 University of Oklahoma College of Law

Being Uighur . . . With “Chinese Characteristics”: Analyzing China’S Legal Crusade Against Uighur Identity, Brennan Davis

American Indian Law Review

No abstract provided.


United States V. Bryant: The Results Of Upholding Women’S Rights And Tribal Sovereignty, Madalynn Martin 2019 University of Oklahoma College of Law

United States V. Bryant: The Results Of Upholding Women’S Rights And Tribal Sovereignty, Madalynn Martin

American Indian Law Review

No abstract provided.


What Are The Odds? The Potential For Tribal Control Of Sports Gambling After Murphy V. Ncaa, Haley Maynard 2019 University of Oklahoma College of Law

What Are The Odds? The Potential For Tribal Control Of Sports Gambling After Murphy V. Ncaa, Haley Maynard

American Indian Law Review

No abstract provided.


Thickening The Thin Blue Line In Indian Country: Affirming Tribal Authority To Arrest Non-Indians, Alex Treiger 2019 University of Oklahoma College of Law

Thickening The Thin Blue Line In Indian Country: Affirming Tribal Authority To Arrest Non-Indians, Alex Treiger

American Indian Law Review

No abstract provided.


An Act Respecting First Nations, Inuit And Métis Children, Youth And Families: Does Bill C-92 Make The Grade?, Naiomi Metallic, Hadley Friedland, Aimée Craft, Jeffery Hewitt, Sarah Morales 2019 Assistant Professor and Chancellor’s Chair in Aboriginal Law and Policy at the Schulich School of Law at Dalhousie University

An Act Respecting First Nations, Inuit And Métis Children, Youth And Families: Does Bill C-92 Make The Grade?, Naiomi Metallic, Hadley Friedland, Aimée Craft, Jeffery Hewitt, Sarah Morales

Reports & Public Policy Documents

On Thursday, February 28, 2019, the federal government introduced Bill C-92, An Act respecting First Nations, Métis and Inuit children, youth and families for first reading. After many years of well documented discrimination against Indigenous children, there is much hope in this legislative process to reverse this trend, empower Indigenous peoples to reclaim jurisdiction in this area, and ensure the rights of children are affirmed. To realize those hopes, we have drafted this analysis with the aim to improve the current legislation as it moves through committee and the Senate.


A Watershed Moment In The Education Of American Indians: A Judicial Strategy To Mandate The State Of New Mexico To Meet The Unique Cultural And Linguistic Needs Of American Indians In New Mexico Public Schools, Preston Sanchez, Rebecca Blum-Martinez 2019 New Mexico Center on Law and Poverty

A Watershed Moment In The Education Of American Indians: A Judicial Strategy To Mandate The State Of New Mexico To Meet The Unique Cultural And Linguistic Needs Of American Indians In New Mexico Public Schools, Preston Sanchez, Rebecca Blum-Martinez

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Nagwediẑk’An Gwaneŝ Gangu Ch’Inidẑed Ganexwilagh: The Fires Awakened Us: Tsilhqot’In Report On The 2017 Wildfires, Jocelyn Stacey, Crystal Verhaeghe, Emma Feltes 2019 Allard School of Law at the University of British Columbia

Nagwediẑk’An Gwaneŝ Gangu Ch’Inidẑed Ganexwilagh: The Fires Awakened Us: Tsilhqot’In Report On The 2017 Wildfires, Jocelyn Stacey, Crystal Verhaeghe, Emma Feltes

All Faculty Publications

This report documents the experiences of the Tsilhqot'in Nation during the historic 2017 wildfire season. It identifies needs and recommendations for moving forward with nation-to-nation emergency management.


Waiving Federal Sovereign Immunity In Original Actions Between States, Sandra B. Zellmer 2019 Alexander Blewett III School of Law at the University of Montana

Waiving Federal Sovereign Immunity In Original Actions Between States, Sandra B. Zellmer

Faculty Law Review Articles

There are tremendous disparities between high stakes original actions between states before the US. Supreme Court, where there is no waiver of federal sovereign immunity, and other types of cases in the lower courts, where a plethora of immunity waivers allow states and other parties to seek relief from the federal government for Fifth Amendment takings, unlawful agency action, and tort claims. Federal actions or omissions are often at the heart of the dispute, and federal involvement may be crucial for purposes of providing an equitable remedy to the state parties, but there is no reliable mechanism for bringing the …


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