2015 Top SSRN Papers in American Indian Law

It was a great year for American Indian law scholarship. Indian law scholars placed papers at Texas, UCLA, Indiana, Cardozo, North Dakota, Pepperdine, Mississippi, and many other general law reviews, as well as numerous specialized reviews.

Here are the top American Indian law papers from 2015 (January until now):

 

1.Owning Red: A Theory of Indian (Cultural) Appropriation
Forthcoming Texas Law Review (2016)
Angela Riley and Kristen A. Carpenter
University of California, Los Angeles (UCLA) and University of Colorado Law School
Date Posted: September 04, 2015
Last Revised: October 08, 2015
Accepted Paper Series
216 downloads

 

2. Water Rights, Water Quality, and Regulatory Jurisdiction in Indian Country
Stanford Environmental Law Journal, Vol. 34, No. 2, pp. 195-245 (2015), University of Washington School of Law Research Paper No. 2015-21
Robert T. Anderson
University of Washington School of Law
Date Posted: June 27, 2015
Last Revised: October 15, 2015
Accepted Paper Series
201 downloads

3. Guarding Against Exploitation: Protecting Indigenous Knowledge in the Age of Climate Change
Joseph Brewer II and Elizabeth Ann Kronk Warner
University of Kansas and University of Kansas – School of Law
Date Posted: February 22, 2015
Working Paper Series
201 downloads

4. Consultation or Consent: The United States Duty to Confer with American Indian Governments
North Dakota Law Review, Vol. 91, 2015, Forthcoming
Robert J. Miller
Arizona State University (ASU) – Sandra Day O’Connor College of Law
Date Posted: September 29, 2015
Accepted Paper Series
176 downloads

5. Birthright Citizenship on Trial: Elk v. Wilkins and United States v. Wong Kim Ark
Cardozo Law Review, Forthcoming
Bethany Berger
University of Connecticut School of Law
Date Posted: June 01, 2015
Last Revised: October 17, 2015
Accepted Paper Series
168 downloads

6. Plenary Power, Political Questions, and Sovereignty in Indian Affairs
UCLA Law Review, Forthcoming, BYU Law Research Paper No. 15-06
Michalyn Steele
Brigham Young University- J. Reuben Clark Law School
Date Posted: February 15, 2015
Last Revised: July 28, 2015
Accepted Paper Series
145 downloads

7. Justice for All: An Indigenous Community-Based Approach to Restorative Justice in Alaska
Northern Review 38 (2014): 239-268
Brian Jarrett and Polly E. Hyslop
Program on Dispute Resolution – University of Alaska and University of Alaska Fairbanks
Date Posted: March 04, 2015
Accepted Paper Series
140 downloads

8. Federal Reserved Water Rights as a Rule of Law
Idaho Law Review, 2015, Lewis & Clark Law School Legal Studies Research Paper No. 2015-13
Michael C. Blumm
Lewis & Clark Law School
Date Posted: July 26, 2015
Last Revised: September 03, 2015
Accepted Paper Series
136 downloads

9. Everything Old is New Again: Enforcing Tribal Treaty Provisions to Protect Climate Change Threatened Resources
University of Kansas School of Law Working Paper
Elizabeth Ann Kronk Warner
University of Kansas – School of Law
Date Posted: August 30, 2015
Last Revised: October 09, 2015
Working Paper Series
131 downloads

10. Personal Jurisdiction and Tribal Courts after Walden and Bauman: The Inadvertent Impact of Supreme Court Jurisdictional Decisions on Indian Country
Grant Christensen
University of North Dakota – School of Law
Date Posted: September 29, 2015
Working Paper Series
121 downloads

And here are several other papers that did not meet this completely arbitrary cutoff:

A Framework for Understanding Tribal Courts and the Application of Fundamental Law: Through the Voices of Scholars in the Field of Tribal Justice
April Wilkinson
University of New Mexico, School of Law, Students
Date Posted: September 04, 2015
Working Paper Series
116 downloads

 

The Doctrine of Discovery, Manifest Destiny, and American Indians
Why You Can’t Teach United States History Without American Indians, 2015
Robert J. Miller
Arizona State University (ASU) – Sandra Day O’Connor College of Law
Date Posted: November 17, 2015
Accepted Paper Series
106 downloads

 

Congress, Tribal Recognition, and Legislative-Administrative Multiplicity
Indiana Law Journal, Forthcoming
Kirsten Matoy Carlson
Wayne State University Law School
Date Posted: June 17, 2015
Last Revised: October 16, 2015
Accepted Paper Series
96 downloads

 

Emulsified Property
Pepperdine Law Review, Forthcoming
Jessica A. Shoemaker
University of Nebraska – College of Law
Date Posted: April 15, 2015
Last Revised: October 02, 2015
Accepted Paper Series
94 downloads

 

The Indian States of America: Parallel Universes & Overlapping Sovereignty
38 Am. Indian L. Rev. 1 (2014)
Joseph William Singer
Harvard Law School
Date Posted: June 07, 2015
Accepted Paper Series
76 downloads

 

Too Strict?
13 First Amend. L. Rev. 1 (2014)
Richard B. Collins
University of Colorado at Boulder
Date Posted: March 01, 2015
Last Revised: August 12, 2015
Working Paper Series
73 downloads

 

Taxation Without Compensation as a Challenge for Tribal Sovereignty
Mississippi Law Journal, Vol. 84, No. 1, 2014, U of Houston Law Center No. 2015-A-10
David Y Kwok
University of Houston Law Center
Date Posted: April 24, 2015
Last Revised: May 22, 2015
Accepted Paper Series
69 downloads

 

Indian Tribes and Gun Regulation: Should Tribes Exercise Their Sovereign Rights to Enact Gun Bans or Stand-Your-Ground Laws?
78 Albany Law Review 885 (2015)
Ann E. Tweedy
Hamline University School of Law
Date Posted: February 03, 2015
Last Revised: April 15, 2015
Accepted Paper Series
69 downloads

 

Engaging the Third Sovereign: The Nature, Reach, and Sources of Tribal Law
Wisconsin Lawyer, 47, May 2015, Univ. of Wisconsin Legal Studies Research Paper No. 1351
Bonnie J. Shucha
University of Wisconsin Law School
Date Posted: May 20, 2015
Last Revised: June 05, 2015
Accepted Paper Series
65 downloads

 

 

Sacred in the City: The Huron Indian Cemetery and the Preservation Laws
John W. Ragsdale
University of Missouri at Kansas City – School of Law
Date Posted: September 10, 2015
Last Revised: September 11, 2015
Working Paper Series
51 downloads

 

You Gotta Fight for the Right to Vote: Enfranchising Native American Voters
University of Pennsylvania Journal of Constitutional Law, 2015, Forthcoming, UNM School of Law Research Paper No. 2015-05
Jeanette Wolfley
University of New Mexico – School of Law
Date Posted: March 29, 2015
Accepted Paper Series
50 downloads

 

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