Top 10 American Indian Law Papers of 2019 (SSRN Downloads)

Papers on SSRN with American Indian law subjects, either unpublished or recently published:

Agency Pragmatism in Addressing Law’s Failure: The Curious Case of Federal ‘Deemed Approvals’ of Tribal-State Gaming Compacts

52 U. MICH. J. L. REFORM 49 (2018), U Iowa Legal Studies Research Paper No. 2019-01
Number of pages: 54 Posted: 18 Jan 2019 Last Revised: 27 Mar 2019 [124 downloads]
Accepted Paper Series
University of Iowa College of Law

Incorporation Without Assimilation: Legislating Tribal Civil Jurisdiction Over Non-Members

UCLA Law Review Discourse, Forthcoming, University of Utah College of Law Research Paper No. 335
Number of pages: 29 Posted: 23 Sep 2019 Last Revised: 06 Nov 2019 [118 downloads]
Working Paper Series
University of Utah – S.J. Quinney College of Law


Owning Geronimo but Not Elmer McCurdy: The Unique Property Status of Native American Remains

Boston College Law Review, Vol. 60, No. 8, 2019
Number of pages: 62 Posted: 23 Jun 2019 Last Revised: 12 Sep 2019 [108 downloads]
Accepted Paper Series
Stanford Law School


A Framework for Tribal Public Health Law

Indiana University Robert H. McKinney School of Law Research Paper No. 2019-6
Number of pages: 34 Posted: 01 Aug 2019 Last Revised: 15 Oct 2019 [104 downloads]
Working Paper Series
Indiana University Robert H. McKinney School of Law


Originalism and Indians

Tulane Law Review, Vol. 93, No. 269, 2018
Number of pages: 69 Posted: 14 Feb 2019 [98 downloads]
Accepted Paper Series
Texas Tech University School of Law


Redefining Tribal Sovereignty for the Era of Fundamental Rights

Indiana Law Journal, Forthcoming
Number of pages: 78 Posted: 13 Jun 2019 [93 downloads]
Accepted Paper Series
University of Virginia School of Law

Native American Oral Evidence: Finding a New Hearsay Exception

Number of pages: 48 Posted: 17 Feb 2019 Last Revised: 27 Feb 2019 [93 downloads]
Working Paper Series
Boston University – School of Law

Indigenous Resilience

Arizona Law Review (Forthcoming), BYU Law Research Paper No. 19-08
Number of pages: 65 Posted: 22 Mar 2019 [83 downloads]
Accepted Paper Series
Brigham Young University- J. Reuben Clark Law School


The Belloni Decision and Its Legacy: United States v. Oregon and Its Far-Reaching Effects After a Half-Century

Environmental Law, Vol. 49, No. 4, 2020, Forthcoming
Number of pages: 47 Posted: 06 Jul 2019 Last Revised: 25 Oct 2019 [83 downloads]
Accepted Paper Series
Lewis & Clark Law School and HOBBS, STRAUS, DEAN & WALKER, LLP


Tribal Data Governance and Informational Privacy: Constructing ‘Indigenous Data Sovereignty’

80 Montana Law Review 229 (2019), Arizona Legal Studies Discussion Paper No. 19-19
Number of pages: 41 Posted: 17 Sep 2019 [73 downloads]
Accepted Paper Series
University of Arizona – James E. Rogers College of Law

Other significant papers here:


Exploring Legal Issues in Tribal Public Health Data and Surveillance

Southern Illinois University Law Journal, Vol. 44, 2019
Number of pages: 14 Posted: 22 Aug 2019 Last Revised: 15 Oct 2019 [68 downloads]
Accepted Paper Series
Indiana University Robert H. McKinney School of Law

Raping Indian Country

University of Utah College of Law Research Paper Forthcoming
Number of pages: 49 Posted: 04 Dec 2019 [60 downloads]
Working Paper Series
University of Kansas and University of Utah – S.J. Quinney College of Law

Learning from Tribal Innovations: Lessons in Climate Change Adaptation

University of Utah College of Law Research Paper No. 328, Environmental Law Reporter, Vol. 49, No. 11130
Number of pages: 20 Posted: 10 Sep 2019 Last Revised: 12 Dec 2019 [51 downloads]
Working Paper Series
University of Kansas and University of Utah – S.J. Quinney College of Law

Lobbying as a Strategy for Tribal Resilience

2018 BYU Law Review 1159
Number of pages: 73 Posted: 14 Aug 2019 [48 downloads]
Working Paper Series
Wayne State University Law School