Posts tagged with: "scholarship"
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21 Oct 2014, 6:33 am
Alyosha Goldstein has posted “Possessive Investment: Indian Removals and the Affective Entitlements of Whiteness,” published in the American Quarterly, on SSRN. Here is the abstract: In 2013 the US Supreme Court effectively granted custody of an almost four-year-old child to adoptive white parents over the opposition of her Cherokee birth father and the Cherokee Nation in Adoptive Couple v. Baby Girl (the “Baby Veronica” case). This essay examines the Court ruling, and the… [read post]
13 Oct 2015, 4:00 am
Inside Higher Ed, The Costs of Publish or Perish: Shortly after being awarded the Nobel Prize in Physics in 2013, Peter Higgs, of Higgs boson fame, said he doubted he would have gotten a job, not to mention tenure, in today’s academic system. The professor emeritus at the University of... [read post]
31 May 2023, 2:20 am
Justin E. Brooks has published “Two Countries in Crisis: Man Camps and the Nightmare of Non- Indigenous Criminal Jurisdiction in the United States and Canada” in the Vanderbilt Journal of Transnational Law. Here is the abstract: Thousands of Indigenous women and girls have gone missing or have been found murdered across the United States and Canada; these disappearances and killings are so frequent and widespread that they have become known as the Missing and Murdered Indigenous… [read post]
26 Apr 2023, 8:00 am
Ashleigh Lussenden has published a Note, “Blood Quantum and the Ever-Tightening Chokehold on Tribal Citizenship: The Reproductive Justice Implications of Blood Quantum Requirements,” in the California Law Review. PDF The abstract: Blood often serves as the basis for identity for many groups in the United States. Native Americans, however, are the only population in which blood is a requirement for collective belonging and can be the determining factor for whether one receives… [read post]
7 Jul 2022, 12:06 am
Genesis M. Agosto has published “Involuntary Sterilization of Native American Women in the United States: A Legal Approach” in the Nebraska Law Review. [read post]
21 Jun 2024, 12:04 pm
A recent workshop paper (and some time on my hands) crystallized a thought about the style of law review writing today. Every article, it seems, must have a road-map paragraph. (Does anyone actually read road-map paragraphs?) When I started writing law review articles in the early 1970s I didn't write such paragraphs and felt no particular need to do so. So, I did a quick and quite informal investigation into the emergence of the road-map paragraph.I looked at lead articles in the Harvard… [read post]
12 Apr 2024, 7:54 am
Alejandro E. Camacho, Elizabeth Ann Kronk Warner, Jason McLachlan, and Nathan Kroeze have posted “Adapting Conservation Governance Under Climate Change: Lessons from Indian Country,” forthcoming in the Virginia Law Review, on SSRN. Here is the abstract: Anthropogenic climate change is increasingly causing disruptions to ecological communities upon which Natives have relied for millennia, raising existential threats not only to ecosystems but to Native communities. Yet no analysis… [read post]
12 Apr 2024, 7:13 am
Grand Christensen has posted “Tribal Courts are Courts of General Jurisdiction,” forthcoming in the Florida Law Review, on SSRN. Here is the abstract: Twenty years ago the Supreme Court misread its precedents and took a short cut to do what was “simpler” instead of what was right. It determined that tribal courts are not courts of general jurisdiction without examining the origins of tribal judicial power. Writing for the majority in Nevada v. Hicks, Justice Scalia… [read post]
12 Nov 2025, 5:41 am
The Honourable Leonard S. Tony Mandamin has published “Emergence of Contemporary Indigenous Restorative Justice in Canada” in Constitution Forum constitutionnel. Excerpt: [read post]
7 May 2021, 9:06 am
As a student, it is your responsibility to prepare a road map that you will follow. [read post]
9 Apr 2021, 5:07 am
Joel West Williams and Emily deLisle have posted “An ‘Unfulfilled, Hollow Promise’: Lyng, Navajo Nation, and the Substantial Burden on Native American Religious Practice,” forthcoming in the Ecology Law Quarterly, on SSRN. Here is the abstract:Many Native American religious practices are linked to sacred sites – places in the natural world that have been used for ceremonies and rites since time immemorial. Often, particular ceremonies and rituals can only be performed… [read post]
1 Apr 2021, 3:29 am
Eric Goldman has posted on SSRN The Crisis of Online Contracts (As Told in 10 Memes). The manner of presentation is charming. I hope it catches on, and I hope I can find enough relevant memes (or figure out how... [read post]
11 Mar 2021, 4:32 am
Sammy Matsaw, Dylan Nicely-Hedden, and Barbara A. Cosens have posted “Cultural Linguistics and Treaty Language: A Modernized Approach to Interpreting Treaty Language to Capture the Tribe’s Understanding“, forthcoming in Environmental Law, on SSRN. Here is the abstract: Language is a reflection of a thought world. A worldview that has been shaped by place to describe one’s identity in space and time does not equate to species relatedness as a default to know one another.… [read post]
14 Dec 2020, 6:08 am
Grant Christenson has published “The Wrongful Death of an Indian: A Tribe’s Right to Object to the Death Penalty” in the UCLA Law Review Discourse. [read post]
8 Jun 2020, 3:00 am
We have covered surrogacy contracts before. In the blog's early days, we simply acknowledged that lawyers struggled with the issues raised in surrogacy contracts. We covered the potential exploitation of surrogate mothers in 2008. The following year, we discussed the... [read post]
17 Apr 2019, 4:49 am
Heidi L. Guzmán has published “Roe on the Rez: The Case for Expanding Abortion Access on Tribal Land” in the Columbia Journal of Race and Law. Here is the abstract: While the courts have codified and reaffirmed the right to abortion, some state legislatures have enacted increasingly burdensome restrictions on abortion. In a number of states, there is only one abortion clinic available for thousands of people. This Note explores whether Native American tribes, as sovereigns, may… [read post]
22 Mar 2019, 6:47 am
Here, from SSRN: Indigenous Resilience Arizona Law Review (Forthcoming), BYU Law Research Paper No. 19-08 Cultivating Professional Identity and Resilience Through the Study of Federal Indian Law 2018 Brigham Young University Law Review 1429, BYU Law Research Paper No. 19-07 [read post]
25 Feb 2019, 5:06 am
Here is “Trespass or Vandalism or Protecting That Which is Holy? Religious Liberty Land-Use Claims,” published in the Columbia Law Review Online, by Edward K. Olds. [read post]
26 Dec 2017, 12:04 pm
Here is “Bridging the Jurisdictional Void: Cross-Deputization Agreements in Indian Country,” forthcoming in the Arizona State Law Journal. The abstract: Comment examines cross-deputization agreements in Indian Country, focusing on the relationship between tribes and state and local governments and the impact cross-deputization agreements have on enforcing criminal law in Indian Country. Section I examines the recent rise and evolution in tribal law enforcement powers. Section II briefly… [read post]
19 May 2017, 10:52 am
Concetta Tsosie de Haro has posted “Federal Restrictions on Tribal Customary Law: The Importance of Tribal Customary Law in Tribal Courts.” The paper was published in the Tribal Law Journal. Here is the abstract: This article examines the adverse effects of federal case law and legislation on tribal courts and tribal courts’ ability to incorporate tribal customary law. Tribal customary law is the law given to tribes by holy deities which governs tribal ways of life. It is… [read post]
