Revisiting Seminole Rock,
2018
Notre Dame Law School
Revisiting Seminole Rock, Jeffrey A. Pojanowski
Journal Articles
The rule that reviewing courts must defer to agencies’ interpretations of their own regulations has come under scrutiny in recent years. Critics contend that this doctrine, often associated with the 1997 Supreme Court decision Auer v. Robbins, violates the separation of powers, gives agencies perverse regulatory incentives, and undermines the judiciary’s duty to say what the law is.
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/="/">This essay offers a different argument as to why Auer is literally and prosaically bad law. Auer deference appears to be grounded on a misunderstanding of its originating case, the 1945 decision Bowles v. Seminole Rock. A closer look at …
Front Pages,
2018
University of Oklahoma College of Law
The Misuse Of History In Dismissing Six Nations Confederacy Land Claims,
2018
University of Oklahoma College of Law
The Misuse Of History In Dismissing Six Nations Confederacy Land Claims, Curtis G. Berkey, Alexandra C. Page, Lindsay G. Robertson
American Indian Law Review
No abstract provided.
How The Trump Administration Can Inform Its Indian Land Policies In Light Of Historical Breakdowns,
2018
University of Oklahoma College of Law
How The Trump Administration Can Inform Its Indian Land Policies In Light Of Historical Breakdowns, Shae Weathersbee
American Indian Law Review
No abstract provided.
Welcome To The Mvskoke Reservation: Murphy V. Royal, Criminal Jurisdiction, And Reservation Diminishment In Indian Country,
2018
University of Oklahoma College of Law
Welcome To The Mvskoke Reservation: Murphy V. Royal, Criminal Jurisdiction, And Reservation Diminishment In Indian Country, Calandra Mccool
American Indian Law Review
No abstract provided.
Tribal Cannabis: Solution To Oklahoma Public Education Underfunding,
2018
University of Oklahoma College of Law
Tribal Cannabis: Solution To Oklahoma Public Education Underfunding, Kaimbri White
American Indian Law Review
No abstract provided.
How The Ninth Circuit Severed The Indian Civil Rights Act From Federal Habeas Corpus Precedent Under The Guise Of Tribal Sovereignty,
2018
University of Oklahoma College of Law
How The Ninth Circuit Severed The Indian Civil Rights Act From Federal Habeas Corpus Precedent Under The Guise Of Tribal Sovereignty, Morgan Medders
American Indian Law Review
No abstract provided.
Murphy V. Royal: Crime And Procedure,
2018
University of Oklahoma College of Law
Murphy V. Royal: Crime And Procedure, Kevin Cartwright
American Indian Law Review
No abstract provided.
Winner, Best Appellate Brief In The 2018 Native American Law Student Association Moot Court Competition,
2018
University of Oklahoma College of Law
Winner, Best Appellate Brief In The 2018 Native American Law Student Association Moot Court Competition, Lianne T. Chung, Nicholas Ernst
American Indian Law Review
No abstract provided.
Front Pages,
2018
University of Oklahoma College of Law
Traditional Jurisprudence And Protection Of Our Society: A Jurisgenerative Tail,
2018
University of Oklahoma College of Law
Traditional Jurisprudence And Protection Of Our Society: A Jurisgenerative Tail, Gregory H. Bigler
American Indian Law Review
No abstract provided.
Trust Lands For The Native Hawaiian Nation: Lessons From Federal Indian Law Precedents,
2018
University of Oklahoma College of Law
Trust Lands For The Native Hawaiian Nation: Lessons From Federal Indian Law Precedents, Lane Kaiwi Opulauoho
American Indian Law Review
No abstract provided.
Indigenous Peoples, The International Trend Toward Legal Personhood For Nature, And The United States,
2018
University of Oklahoma College of Law
Indigenous Peoples, The International Trend Toward Legal Personhood For Nature, And The United States, Hannah White
American Indian Law Review
No abstract provided.
Foundations Of Sand: Justice Thomas’S Critique Of The Indian Plenary Power Doctrine,
2018
University of Oklahoma College of Law
Foundations Of Sand: Justice Thomas’S Critique Of The Indian Plenary Power Doctrine, Taylor Ledford
American Indian Law Review
No abstract provided.
Agua Caliente Band Of Cahuilla Indians V. Coachella Valley Water District: A Tribe’S Successful Fight For Federally Reserved Water Rights,
2018
University of Oklahoma College of Law
Agua Caliente Band Of Cahuilla Indians V. Coachella Valley Water District: A Tribe’S Successful Fight For Federally Reserved Water Rights, Alyssa Lankford
American Indian Law Review
No abstract provided.
Extending Tribal Criminal Jurisdiction Outside Of Indian Country: Kelsey V. Pope,
2018
University of Oklahoma College of Law
Extending Tribal Criminal Jurisdiction Outside Of Indian Country: Kelsey V. Pope, Greg S. Keogh
American Indian Law Review
No abstract provided.
“Dramatically Altered The Legal Landscape”? City Of Sherrill V. Oneida Indian Nation In The Lower Courts,
2018
University of Oklahoma College of Law
“Dramatically Altered The Legal Landscape”? City Of Sherrill V. Oneida Indian Nation In The Lower Courts, Samuel Pokross
American Indian Law Review
No abstract provided.
Indigenous Rights To Water & Environmental Protection,
2018
University of Washington School of Law
Indigenous Rights To Water & Environmental Protection, Robert T. Anderson
Articles
This article examines the rights of Indian nations in the United States to adequate water supplies and environmental protection for their land and associated resources. Part I of this article provides a brief background on the history of federal-tribal relations and the source and scope of federal obligations to protect tribal resources. Part II reviews the source and nature of the federal government’s moral and legal obligations to Indian tribes, which are generally referred to as the trust responsibility. Indian reserved water rights and the difficulty tribes experience in protecting habitat needed for healthy treaty resources is discussed in Part …
Battling For Human Rights In Indian Country (Speech At The 50 Years Of The Indian Civil Rights Act Symposium),
2018
University of Minnesota
Battling For Human Rights In Indian Country (Speech At The 50 Years Of The Indian Civil Rights Act Symposium), David E. Wilkins, Lumbee Nation
Tribal Law Journal
The speech discusses the Indian Civil Rights Act (ICRA) and its implications on citizenship, specifically disenrollment. Prof. Wilkins discusses his view of “‘dismemberment’ as the act of cutting off a part of the tribal body—doing harm to both the politically discarded individual and the Nation itself—taking place behind the cloak of native sovereignty.”
The speech first provides a brief history of banishment within tribal communities followed by a discussion of federal Indian law and its impact on tribal banishment through a review of important federal Supreme Court cases as well as significant tribal court cases.
Second, the speech provides a …
Indian Country And The Territory Clause: Washington's Promise At The Framing,
2018
Northwestern School of Law of Lewis & Clark
Indian Country And The Territory Clause: Washington's Promise At The Framing, John Hayden Dossett
American University Law Review
No abstract provided.
