America's Quiet Legacy Of Native American Voter Disenfranchisement: Prospects For Change In North Dakota After Brakebill V. Jaeger,
2019
United states Court of Appeals for the Second Circuit
America's Quiet Legacy Of Native American Voter Disenfranchisement: Prospects For Change In North Dakota After Brakebill V. Jaeger, Hannah Stambaugh
American University Law Review
No abstract provided.
[Introduction To] Documents Of Native American Political Development: 1933 To Present,
2019
University of Richmond
[Introduction To] Documents Of Native American Political Development: 1933 To Present, David E. Wilkins (Editor)
Bookshelf
Before Europeans arrived in what is now known as the United States, over 600 diverse Native nations lived on the same land. This encroachment and subsequent settlement by Americans forcibly disrupted the lives of all indigenous peoples and brought about staggering depopulation, loss of land, and cultural, religious, and economic changes. These developments also wrought profound changes in indigenous politics and longstanding governing institutions. David E. Wilkins' two-volume work Documents of Native American Political Development traces how indigenous peoples have maintained and continued to exercise a significant measure of self-determination contrary to presumptions that such powers had been lost, surrendered, …
Reclaiming The Navajo Range: Resolving The Conflict Between Grazing Rights And Development,
2019
American University Washington College of Law
Reclaiming The Navajo Range: Resolving The Conflict Between Grazing Rights And Development, Ezra Rosser
Scholarly Articles in Law Reviews & Journals
Grazing is fundamental to Navajo identity, yet management of the Navajo range remains highly problematic. This Essay connects the federal government's devastating livestock reduction effort of the 1930s with the inability of the Navajo Nation to place meaningful limits on grazing and the power of grazing permittees. It argues that the Navajo Nation should consider reasserting the tribe's traditional understanding that property rights depend on use as a way to create space for reservation development.
Failed Protectors: The Indian Trust And Killers Of The Flower Moon,
2019
Michigan State University College of Law
Failed Protectors: The Indian Trust And Killers Of The Flower Moon, Matthew L.M. Fletcher
Michigan Law Review
Review of David Grann's Killers of the Flower Moon: The Osage Murders and the Birth of the FBI.
The Colourful Truth: The Reality Of Indigenous Overrepresentation In Juvenile Detention In Australia And The United States,
2018
University of California, Berkeley
The Colourful Truth: The Reality Of Indigenous Overrepresentation In Juvenile Detention In Australia And The United States, Rachel Thampapillai
American Indian Law Journal
No abstract provided.
Rethinking The Federal Indian Status Test: A Look At The Supreme Court's Classification Of The Freedmen Of The Five Civilized Tribe Of Oklahoma,
2018
University of Tulsa College of Law
Rethinking The Federal Indian Status Test: A Look At The Supreme Court's Classification Of The Freedmen Of The Five Civilized Tribe Of Oklahoma, Clint Summers
American Indian Law Journal
No abstract provided.
The Tribal Franchise: An Expression Of Tribal Sovereignty And A Potential Solution To The Problem Of Mass Disenrollment,
2018
Seattle University School of Law
The Tribal Franchise: An Expression Of Tribal Sovereignty And A Potential Solution To The Problem Of Mass Disenrollment, Brent Mulvaney
American Indian Law Journal
No abstract provided.
Tribal Tools & Legal Levers For Halting Fossil Fuel Transport & Exports Through The Pacific Northwest,
2018
University of Oregon
Tribal Tools & Legal Levers For Halting Fossil Fuel Transport & Exports Through The Pacific Northwest, Mary Christina Wood
American Indian Law Journal
As alarming scientific predictions crystallize into the realities of today’s climate crisis, tribal communities in the Pacific Northwest find themselves on the front lines of a global assault launched by the fossil fuel industry. Encouraged by President Trump’s declaration of intent to unleash $50 trillion of America’s domestic fossil fuels, corporations push for massive expansion of the nation’s fossil fuel infrastructure—even as the world races towards irrevocable climate thresholds. The unprecedented onslaught hinges on the Pacific Northwest as a key link in a global market scheme. The coastal region sits as a proposed industrial gateway for huge export facilities transporting …
August 2017 - August 2018 Case Law On American Indians,
2018
Seattle University School of Law
August 2017 - August 2018 Case Law On American Indians, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
Crow Indian Tribe V. United States,
2018
Alexander Blewett III School of Law at the University of Montana
Crow Indian Tribe V. United States, Hallee Kansman
Public Land & Resources Law Review
The protection status of the Greater Yellowstone grizzly bear continues to elicit debate and find its way into the courtroom. In Crow Indian Tribe v. United States, for the second time in the last decade, a court held the Service’s attempt to delist the Yellowstone Grizzly arbitrary and capricious. Specifically, the court found the Service’s evaluation of remnant populations, recalibration, and genetic health deficient. This case demonstrates the importance in and the resilient motivation behind preserving grizzly bear populations and genetics. As the practice of delisting a species under the Endangered Species Act continues, this case will provide important …
Brackeen V. Zinke,
2018
University of Montana
Brackeen V. Zinke, Bradley E. Tinker
Public Land & Resources Law Review
In 1978, Congress enacted the Indian Child Welfare Act to counter practices of removing Indian children from their homes, and to ensure the continued existence of Indian tribes through their children. The law created a framework establishing how Indian children are adopted as a way to protect those children and their relationship with their tribe. ICWA also established federal standards for Indian children being placed into non-Indian adoptive homes. Brackeen v. Zinke made an important distinction for the placement preferences of the Indian children adopted by non-Indian plaintiffs; rather than viewing the placement preferences in ICWA as based upon Indians’ …
Civil Rights Notes: American Indians And Banishment, Jury Trials, And The Doctrine Of Lenity,
2018
William & Mary Law School
Civil Rights Notes: American Indians And Banishment, Jury Trials, And The Doctrine Of Lenity, Grant Christensen
William & Mary Bill of Rights Journal
No abstract provided.
Big Horn County Electric Cooperative, Inc. V. Big Man,
2018
Alexander Blewett III School of Law at the University of Montana
Big Horn County Electric Cooperative, Inc. V. Big Man, Brett Berntsen
Public Land & Resources Law Review
The tribal exhaustion doctrine requires that parties first exhaust available tribal court remedies before challenging tribal jurisdiction in federal court. Exactly what constitutes an exhaustion of tribal court remedies, however, remains riddled with nuance. In Big Horn County Electric Cooperative, Inc. v. Big Man, the U.S. District Court for the District of Montana rejected a U.S. magistrate judge’s recommendation to remand a case to tribal court to further develop the factual record. Instead, the district court relied on federal circuit court precedent in holding that exhaustion had occurred when the tribal appellate court expressly ruled on the case’s jurisdiction …
Remaining Silent In Indian Country: Self-Incrimination And Grants Of Immunity For Tribal Court Defendants,
2018
University of Washington School of Law
Remaining Silent In Indian Country: Self-Incrimination And Grants Of Immunity For Tribal Court Defendants, Philipp C. Kunze
Washington Law Review
A defendant in state and federal courts is entitled to a constitutional protection against self-incrimination. The Fifth Amendment establishes this privilege, which can only be overcome through a voluntary waiver or by the granting of an appropriate level of immunity. Those grants of immunity were made mutually binding on the state and federal governments in Kastigar v. United States and Murphy v. Waterfront Commission of New York Harbor. However, in Talton v. Mayes, the U.S. Supreme Court held that the Fifth and Fourteenth Amendments do not limit the conduct of the more than 560 federally recognized Indian tribes …
The Dark Side Of Tribal Sovereign Immunity: The Gap Between Law And Remedy,
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Dark Side Of Tribal Sovereign Immunity: The Gap Between Law And Remedy, Alma Orozco
Nevada Law Journal
No abstract provided.
Re-Peopling In A Settler-Colonial Context: The Intersection Of Indigenous Laws Of Adoption With Canadian Immigration Law,
2018
Osgoode Hall Law School of York University
Re-Peopling In A Settler-Colonial Context: The Intersection Of Indigenous Laws Of Adoption With Canadian Immigration Law, Amar Bhatia
Articles & Book Chapters
This article examines the intersection of Indigenous and Canadian ways of making and maintaining relations through the specific examples of adoption and immigration. Canada and all Indigenous societies assert the authority to re-people themselves. Unlike Canada, Indigenous peoples must do so in the face of ongoing settler colonialism. I argue that Indigenous peoples and nations have authority to regulate these matters under Indigenous laws and systems of treaty relations. However, Canadian laws and policies have served to obscure this authority. I argue that non-metaphorical decolonization requires the continued exercise of Indigenous authority over “peopling” powers. These powers necessarily include authority …
Indigenous Environmental Justice, Knowledge And Law,
2018
Osgoode Hall Law School of York University
Indigenous Environmental Justice, Knowledge And Law, Deborah Mcgregor
Articles & Book Chapters
This article is based on a paper prepared for the convening of Over the Line: A Conversation about Race, Place, and the Environment, coordinated by In-grid Waldron; it was thus originally delivered in the context of a community of scholars interested and engaged in environmental justice (EJ) as well as anti-racism scholarship and activism. Conversations at the symposium were rich and deep, introducing novel ideas and generating a synergistic energy among those present. While this article builds upon the knowledge, experiences, and perspectives shared at the event, it also aims to introduce a distinct conception of Indigenous environmental justice (IEJ) …
Patently Absurd: Critiquing The Uspto’S Disparate Treatment Of Tribal And State Immunity In Inter Partes Review,
2018
Washington and Lee University School of Law
Patently Absurd: Critiquing The Uspto’S Disparate Treatment Of Tribal And State Immunity In Inter Partes Review, Maya Ginga
Washington and Lee Law Review
No abstract provided.
Minding The Gap: Improving Parental Involvement To Bridge Education Gaps Between American Indian And Non-Indian Students,
2018
Brigham Young University Law School
Minding The Gap: Improving Parental Involvement To Bridge Education Gaps Between American Indian And Non-Indian Students, Cassidy Wadsworth Skousen
Brigham Young University Education and Law Journal
No abstract provided.
From Foundational Law To Limiting Principles In Federal Indian Law,
2018
University of Utah, SJ Quinney College of Law
From Foundational Law To Limiting Principles In Federal Indian Law, Alexander Tallchief Skibine
Utah Law Faculty Scholarship
In this Article, I am arguing that one of the reasons animating the Court’s move away from Justice Marshall’s exceptionalism is its fear that under traditional foundational principles of federal Indian law, Indian tribes may gain what the court subjectively perceives to be “unfair” advantages over non-Indians. Therefore, the Court has been looking for limiting principles tending to achieve level playing fields between tribal and non-tribal actors. This Article also argues, however, that while looking for a level playing field may sound like a worthwhile goal, there are many pitfalls involved in this process that may end up hurting tribal …
