Category Archives: Scholarship

Fletcher: “Law, Politics, and the Constitution”

Here, on SSRN. The abstract: The question whether Congress may create legal classifications based on Indian status under the Fifth Amendment’s Due Process Clause is now reaching a critical point. Critics claim the Constitution allows no room to create race … Continue reading

Posted in Author: Matthew L.M. Fletcher, Scholarship, Tribal Codes, tribal constitutions, tribal membership, trust relationship | Tagged , , , ,

Neoshia Roemer on the Conflict between ICWA and the Interstate Compact on the Placement of Children

MSU ILPC’s own Neoshia R. Roemer has published Finding Harmony or Swimming in the Void: The Unavoidable Conflict Between the Interstate Compact on the Placement of Children and the Indian Child Welfare Act. [PDF] Here is the abstract: The Indian … Continue reading

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

New Issue of International Human Rights journal

Here: iur_254 Features articles about Canadian Indian labor issues and a paper by Kaighn Smith and Joel Williams: “Native Americans, Tribal Sovereignty and Unions.”

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

Kevin Washburn on Federal “Deemed Approved” Gaming Compacts

Dean Kevin K. Washburn has posted “Agency Pragmatism in Addressing Law’s Failure: The Curious Case of Federal ‘Deemed Approvals’ of Tribal-State Gaming Compacts,” forthcoming in the Michigan Journal of Law Reform. Here is the abstract: In the Indian Gaming Regulatory … Continue reading

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

American Indian Law Journal Dec. 2018 Issue

Here: Volume 7, Issue 1 (2018) Articles PDF The Tribal Franchise: An Expression of Tribal Sovereignty and a Potential Solution to Mass Disenrollment Brent Mulvaney PDF Rethinking the Federal Indian Status Test: A Look at the Supreme Court’s Classification of … Continue reading

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

Jessica Shoemaker on Reclaiming Modern Indigenous Land Tenures

Jessica Shoemaker has posted “Transforming Property: Reclaiming Modern Indigenous Land Tenures,” forthcoming in the California Law Review. Here is the abstract: This Article challenges existing narratives about the future of American Indian land tenure. The current highly-federalized system for reservation … Continue reading

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

New Paper on Defending Morton v. Mancari

Andrew Huff and Tim Coulter have released “Defending Morton v. Mancari and the Constitutionality of Legislation Supporting Indians and Tribes”. Quote from the article Supporting and defending the Mancari decision and the rule that it stands for – that laws … Continue reading

Posted in Author: Victoria Sweet, Research, Scholarship, Supreme Court, trust relationship | Tagged , , ,

Student Scholarship on the Allergan/Mohawk Case

Seth W. R. Brickey has published “Rent-A-Tribe: Using Tribal Immunity to Shield Patents from Administrative Review” in the Washington Law Review. Here is the abstract:  In 2017, Allergan Pharmaceuticals entered into an agreement with the Saint Regis Mohawk Tribe (SRMT). Allergan … Continue reading

Posted in Author: Matthew L.M. Fletcher, economic development, Scholarship, sovereign immunity | Tagged , ,

Bob Anderson on Indigenous Rights to Water and Environmental Protection

Robert T. Anderson has published Indigenous Rights to Water & Environmental Protection in the Harvard Civil rights-Civil Liberties Law Journal. an excerpt: This article examines the rights of Indian nations in the United States to adequate water supplies and environmental protection for … Continue reading

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

Alex Skibine on Foundational Principles and Limiting Principles in Federal Indian Law

Alex Skibine has posted his paper “From Foundational Law to Limiting Principles in Federal Indian Law,” forthcoming in the Montana Law Review as part of the 2018 Browning. The abstract: In this Article, I am arguing that one of the … Continue reading

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