Here is the opinion in In re D.C.:
Published ICWA Notice Case out of California
Here is the opinion in In re D.C.:
Author: Matthew L.M. Fletcher
New Carla Fredericks Scholarship on Tribal Energy
Carla Fredericks has posted “Plenary Energy,” forthcoming in the West Virginia Law Review, on SSRN.
Here is the abstract:
An incompatible relationship exists between the federal trust responsibility over Indian tribes and tribal sovereignty, the conflicting nature of which has been exacerbated by numerous judicial confirmations of the unbridled congressional plenary power over all tribal affairs. Nowhere is there more conflict between the trust responsibility and sovereignty than within the context of mineral resource development on tribal lands. The evolution of the regulatory framework of Indian mineral development can be viewed as a continuum, with maximum trust obligation and minimum tribal sovereignty on one extreme, and an inversion of these two variables on the other. There currently exists pending legislation that would amend the 2005 Energy Policy Act in a manner that would allow tribes greater autonomy in developing their mineral resources without necessarily compromising the trust relationship. But, as this article suggests in using the Keystone XL Pipeline as a case study, tribes should not rely on Congress to act in the interest of tribal sovereignty unless they can attach this interest to a strong political impetus. Invoking both the United Nations Declaration on the Rights of Indigenous People and Convention No. 169 of the International Labour Organization, this article contends that attaining a understanding of American Indian rights as fundamental through an international human rights framework can help untangle the web of conflicting doctrines that very much defines American Indian law today, opening the door to a paradigm shift in the domestic relationship between tribes and the federal government that would allow tribes to attain economic self-sufficiency through their own assets.
Briefs in Oklahoma Eagle Feather Graduation Case
Here are the materials in Griffith v. Caney Valley Public Schools (N.D. Okla.):
Update in Cherokee Nation Risperdal Suit
Here are the materials in Cherokee Nation v. Johnson & Johnson (E.D. Okla.):
Ninth Circuit Briefs and Materials in Jamul Action Committee v. Chaudhuri
Ninth Circuit Oral Argument in Tohono O’Odham Nation v. Arizona
NCAI Cert Stage Amicus Brief in Jury Race Discrimination Challenge in State Court
Here is the brief filed in Rodriguez v. Colorado:
New Scholarship on the Cherokee Freedmen Controversy
Lolita Buckner Inniss has published “Cherokee Freedmen and the Color of Belonging” in the Columbia Journal of Race and Law. PDF
The abstract:
This Article addresses the Cherokee Nation and its historic conflict with the descendants of its former black slaves, designated Cherokee Freedmen. This Article specifically addresses how historic discussions of black, red, and white skin colors, designating the African-ancestored, aboriginal (Native American), and European ancestored people of the United States, have helped to shape the contours of color-based national belonging among the Cherokee. The Cherokee past practice of black slavery and the past and continuing use of skin color-coded belonging not only undermines the coherence of Cherokee sovereignty, identity, and belonging but also problematizes the notion of an explicitly aboriginal way of life by bridging red and white cultural difference over a point of legal and ethical contention: black inequality.
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: Continue reading
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