Category Archives: Scholarship

Alex Skibine on Legislating Tribal Civil Jurisdiction Over Non-Members

Posted on September 30, 2019 by

Alexander Tallchief Skibine has posted a very interesting paper, “Incorporation Without Assimilation: Legislating Tribal Civil Jurisdiction Over Non-Members,” on SSRN. It is forthcoming in the UCLA Law Review Discourse. The abstract: For the last 40 years the Supreme Court has … Continue reading →

Posted in Author: Matthew L.M. Fletcher, Research, Scholarship, Tribal Codes, tribal constitutions, tribal courts | Tagged ,

Danielle Delaney on Environmental Law, Indigenous Identity, and #NoDAPL

Posted on September 25, 2019 by

Danielle Delaney has published “Under Coyote’s Mask: Environmental Law, Indigenous Identity, and #NoDAPL” in the Michigan Journal of Race & Law. The abstract: This Article studies the relationship between the three main lawsuits filed by the Standing Rock Sioux Tribe, … Continue reading →

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Scholarship, treaty rights | Tagged , , ,

New Indian Law Scholarship on SSRN

Posted on September 23, 2019 by

Here: Law and Science Series No. 1: The Contemporary Methodology for Claiming Reserved Instream Flow Water Rights to Support Aquatic Habitat Environmental Law, Forthcoming Number of pages: 29 Posted: 19 Jul 2019 Working Paper Series Dylan Hedden-Nicely The Historical Evolution of … Continue reading →

Posted in Author: Matthew L.M. Fletcher, Scholarship | Tagged

Chicago Law Review Comment on Limiting State Eminent Domain Power under 25 USC § 357

Posted on September 5, 2019 by

Addison W. Bennett has published “Partially Tribal Land: The Case for Limiting State Eminent Domain Power under 25 USC § 357” in the University of Chicago Law Review (PDF). The abstract: When a state utility wishes to cross land located … Continue reading →

Posted in Author: Matthew L.M. Fletcher, Scholarship | Tagged ,

Aila Hoss on Tribal Public Health Data and Surveillance

Posted on August 28, 2019 by

Aila Hoss has posted her paper “Exploring Legal Issues in Tribal Public Health Data and Surveillance” on SSRN. Here is the abstract: Tribes are sovereign nations with a government-to-government relationship with the United States. Within the United States, there are … Continue reading →

Posted in Author: Matthew L.M. Fletcher, health care, Scholarship | Tagged

New Scholarship on Tribal Public Health Law

Posted on August 2, 2019 by

Aila Hoss has posted “A Framework for Tribal Public Health Law” on SSRN. Here is the abstract: Law plays an integral role in advancing public health. Public health advancements in areas such as vaccine-preventable diseases, tobacco control, and motor vehicle … Continue reading →

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New Issue of Transmotion Journal: Native American Narratives in a Global Context

Posted on July 15, 2019 by

Here. Examples of articles and papers: A Dramatic Reading of Vizenor’s Bear Island at the University of Michigan Martin William Walsh Special Issue Review Essay: The Intelligentsia In Dissent: Palestine, Settler-Colonialism and Academic Unfreedom in the Work of Steven Salaita … Continue reading →

Posted in Author: Matthew L.M. Fletcher, Book Review, Scholarship | Tagged

Recent American Indian Law Scholarship

Posted on July 2, 2019 by

On SSRN: Owning Geronimo but Not Elmer McCurdy: The Unique Property Status of Native American Remains Number of pages: 54 Posted: 23 Jun 2019 Working Paper Series Alix Rogers Stanford Law School Perverting History: Rice v. Cayetano’s Erasure of the Fight … Continue reading →

Posted in Author: Matthew L.M. Fletcher, Scholarship

Call for submissions to the Indigenous Peoples’ Journal of Law Culture & Resistance

Posted on June 20, 2019 by

Here: IPJLCR Call for Submissions

Posted in Author: Matthew L.M. Fletcher, Call for Papers, Scholarship, Student Activities | Tagged

Montana Law Review Browning Symposium Issue

Posted on June 18, 2019 by

Here: Transcript PDF 2018 James R. Browning Symposium Keynote Matthew L.M. Fletcher Articles PDF Sovereign Metaphors in Indian Law Gregory Ablavsky PDF Tribal Nations and Congress’s Power to Define Offences Against the Law of Nations John H. Dossett PDF From … Continue reading →

Posted in Author: Matthew L.M. Fletcher, ICWA, Scholarship | Tagged ,