Contributors
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
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
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 tribal labor relations
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
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 American Indian Law Journal
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 California Law Review
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
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
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
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 Alex Skibine, Montana Law Review
