Category Archives: Scholarship

Michael Doran on Tribal Sovereignty and Fundamental Rights

Posted on June 14, 2019 by

Michael Doran has posted “Redefining Tribal Sovereignty for the Era of Fundamental Rights” on SSRN. It is forthcoming in the Indiana Law Journal. The abstract: This article explains a longstanding problem in federal Indian law. For two centuries, the U.S. … Continue reading →

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

Indian Law Articles in This Month’s Judicial Notice (New York Court Publication)

Posted on June 11, 2019 by

Here 4 New York’s Quest for Jurisdiction over Indian Lands by Hon. Carrie Garrow 20 New York State’s Recent Judicial Collaboration with Indigenous Partners: The Story of New York’s Federal-State-Tribal Courts and Indian Nations Justice Forum by Hon. Marcy L. … Continue reading →

Posted in Author: Kate E. Fort, bar journal, Research, Scholarship | Tagged , , , ,

BYU Law Review Indian Law Symposium

Posted on June 11, 2019 by

Here: Articles PDF Lobbying as a Strategy for Tribal Resilience Kristen Matoy Carlson PDF The Reports of Our Death Are Greatly Exaggerated – Reflections on the Resilience of the Oneida Indian Nation of New York Allison M. Dussias PDF Changing … Continue reading →

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

Frank Pommersheim’s Valedictory Notes and Collage

Posted on June 10, 2019 by

Frank Pommersheim has published “I Was So Much Older Then/I’m Younger Than That Now: Valedictory Notes and Collage” in the South Dakota Law Review (pdf). Here is an excerpt: Teacher, Scholar, Tribal Justice, Colleague. These are theseasons turning and braiding … Continue reading →

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

New Scholarship on Sohappy v. Smith/United States v. Oregon

Posted on June 5, 2019 by

Michael C. Blumm and Cari Baermann have posted “The Belloni Decision and Its Legacy: United States v. Oregon and Its Far-Reaching Effects After a Half-Century” on SSRN. It is forthcoming in Environmental Law. Abstract: Fifty years ago, Judge Robert Belloni … Continue reading →

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

Abigail Echo-Hawk on Decolonizing Data

Posted on June 3, 2019 by

Here When we think about data, and how it’s been gathered, is that, from marginalized communities, it was never gathered to help or serve us. It was primarily done to show the deficits in our communities, to show where there are gaps. … Continue reading →

Posted in Author: Kate E. Fort, Research, Scholarship | Tagged , ,

American Indian Law Review Vol. 43, Issue 1 Now Available

Posted on May 31, 2019 by

Here: PDF Front Pages Articles PDF Traditional Jurisprudence and Protection of Our Society: A Jurisgenerative Tail Gregory H. Bigler   PDF Trust Lands for the Native Hawaiian Nation: Lessons from Federal Indian Law Precedents Lane Kaiwi Opulauoho Comments PDF Indigenous … Continue reading →

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

American Indian Law Journal Vol. 7, Issue 2 Now Available

Posted on May 31, 2019 by

Here: Articles PDF Lessons from Batson in a Comparative Criminal Context: How Implicit Racial Biases Remain Unaddressed in Canadian Jury Section Brittney Adams   PDF Tribal Treaty Rights and Natural Resource Protection: The Next Chapter United States v. Washington – … Continue reading →

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

Gregory Ablavsky on the Origins of Dual Federalism

Posted on May 14, 2019 by

Gregory Ablavsky has published “Empire States: The Coming of Dual Federalism” in the Yale Law Journal (PDF). Here is the abstract: This Article offers an alternate account of federalism’s late eighteenth-century origins. In place of scholarly and doctrinal accounts that … Continue reading →

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

Maggie Blackhawk on Indian Law as a Paradigm

Posted on May 13, 2019 by

Maggie Blackhawk has published “Federal Indian Law as Paradigm Within Public Law” in the Harvard Law Review (PDF). Here is an excerpt from the abstract: U.S. public law has long taken slavery and Jim Crow segregation as a paradigm case … Continue reading →

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