Scholarship

Indigenous Peoples’ Journal of Law, Culture & Resistance Call for Papers

Matthew L.M. Fletcher

The Indigenous Peoples’ Journal of Law, Culture & Resistance
(IPJLCR) is accepting submissions for Volume 7, slated to be published in
Winter 2021. Submissions are being accepted until March 1st, 2020.
IPJLCR is a law journal at the University of California Los Angeles
School of Law that is interdisciplinary in nature, consisting of scholarly
articles, legal commentary, poetry, songs, stories, and artwork. We are
soliciting scholarly articles and student comments written about legal issues
important to Indigenous communities in the United States and throughout
the world, as well as works by artists that relate to or comment on legal
issues. We also seek works on issues or aspects of life in Native
communities that are impacted by law, whether tribal law or the laws of
nation-states.

IPJLCR is committed to Native issues, federal Indian law, and tribal
law. Past issues include: writings by Matthew L. M. Fletcher, Naomi Lanoi
Leleto, Robert J. Miller, Robert Alan Hershey, and Geneva E. B. Thompson,
an essay by Joy Harjo on resistance, poetry by Sara Littlecrow-Russel,
Mahealani Kamauu, Lydia Locklear, Tekpatl Tonalyohlotl Kuauhtzin, and
Shawna Shandiin Sunrise, and artwork by Elizabeth Whipple and Nadema
Agard Winyan Luta Red Woman, as well as photography by Anna
Tsouhlarakis, Cathy Hewitt and Rob Wilson, .

Email Submissions to: ipjlcr@lawnet.ucla.edu

Requirements: Each submission should be sent as one Microsoft Word file with
Bluebook formatted citations (20th ed. 2015). Brief bios are required, as well as 12 pt.
Times New Roman typed font, paginated, and should include: your name, address, phone
number, and email address in the header of the first page.

Call for Submissions Winter 2021

American Indian Law Review, Volume 43, Issue 2

Matthew L.M. Fletcher

Here:

Current Issue: Volume 43, Number 2 (2019)

PDF

Front Pages

Article

PDF

California Indian Tribes and the Marine Life Protection Act: The Seeds of a Partnership to Preserve Natural Resources
Curtis G. Berkey and Scott W. Williams

Comment

PDF

The Opioid Crisis in Indian Country: The Impact of Tribal Jurisdiction and the Role of the Exhaustion Doctrine
Matt Irby

Notes

PDF

Internet Gaming On & Off Tribal Lands
Logan Blackmore

PDF

Digging Deeper to Protect Tribal Property Interests: United States v. Osage Wind, LLC
Allison B. Christian

PDF

Overlooking Canon: How the Alabama Supreme Court Used a Footnote to Disregard Tribal Sovereign Immunity in Wilkes v. PCI Gaming Authority
Ridge Howell

PDF

“Perhaps Congress Would, Perhaps Congress Should”—Why Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak and Carcieri v. Salazar Must Be Legislatively Overridden to Protect the IRA Trust Acquisition Authority
Kendall McCoy

Special Feature

PDF

Winner, Best Appellate Brief in the 2019 Native American Law Student Association Moot Court Competition
Chelsea Minuche and Claire Postman

Jim Diamond on the Aftermath of Rampage Shootings, Hard Lessons from the Red Lake Band of Chippewa Indians and Other Indigenous Peoples

Matthew L.M. Fletcher

James D. Diamond has published “In the Aftermath of Rampage Shootings: Is Healing Possible? Hard Lessons from the Red Lake Band of Chippewa Indians and Other Indigenous Peoples” in the Georgetown Journal of Law & Modern Critical Race Perspectives.

Here is the abstract:

This Article produces insights, ideas, and findings which link mass shootings and communal responses in the United States and on American Indian reservations. This Article compares the aftermath of these tragedies in non-indigenous communities with the responses when the tragedies have occurred in certain Native American communities, including comparisons between indigenous and non-indigenous courts. It looks to the roots of the Native American approach in indigenous historical evidence. Described is an institutional weakness in the Anglo-European judicial model in how it responds to the aftermath of heinous crimes. Explored is the adaptation of certain practices from indigenous peoples as a method of contributing to healing, closure, and reconciliation following heinous criminal behavior. Further explored is the possibility of incorporating face-to-face, interpersonal interactions between mass shooting victims, offenders, and their families.

Jim is the author of “After the Bloodbath: Is Healing Possible in the Wake of Rampage Shootings?“, published by Michigan State University Press.

Top 10 American Indian Law Papers of 2019 (SSRN Downloads)

Matthew L.M. Fletcher

Papers on SSRN with American Indian law subjects, either unpublished or recently published:

Agency Pragmatism in Addressing Law’s Failure: The Curious Case of Federal ‘Deemed Approvals’ of Tribal-State Gaming Compacts

52 U. MICH. J. L. REFORM 49 (2018), U Iowa Legal Studies Research Paper No. 2019-01
Number of pages: 54 Posted: 18 Jan 2019 Last Revised: 27 Mar 2019 [124 downloads]
Accepted Paper Series
Kevin K. Washburn
University of Iowa College of Law

Incorporation Without Assimilation: Legislating Tribal Civil Jurisdiction Over Non-Members

UCLA Law Review Discourse, Forthcoming, University of Utah College of Law Research Paper No. 335
Number of pages: 29 Posted: 23 Sep 2019 Last Revised: 06 Nov 2019 [118 downloads]
Working Paper Series
Alexander Tallchief Skibine
University of Utah – S.J. Quinney College of Law


Owning Geronimo but Not Elmer McCurdy: The Unique Property Status of Native American Remains

Boston College Law Review, Vol. 60, No. 8, 2019
Number of pages: 62 Posted: 23 Jun 2019 Last Revised: 12 Sep 2019 [108 downloads]
Accepted Paper Series
Alix Rogers
Stanford Law School


A Framework for Tribal Public Health Law

Indiana University Robert H. McKinney School of Law Research Paper No. 2019-6
Number of pages: 34 Posted: 01 Aug 2019 Last Revised: 15 Oct 2019 [104 downloads]
Working Paper Series
Aila Hoss
Indiana University Robert H. McKinney School of Law


Originalism and Indians

Tulane Law Review, Vol. 93, No. 269, 2018
Number of pages: 69 Posted: 14 Feb 2019 [98 downloads]
Accepted Paper Series
M. Alexander Pearl
Texas Tech University School of Law


Redefining Tribal Sovereignty for the Era of Fundamental Rights

Indiana Law Journal, Forthcoming
Number of pages: 78 Posted: 13 Jun 2019 [93 downloads]
Accepted Paper Series
Michael Doran
University of Virginia School of Law

Native American Oral Evidence: Finding a New Hearsay Exception

Number of pages: 48 Posted: 17 Feb 2019 Last Revised: 27 Feb 2019 [93 downloads]
Working Paper Series
Max Katner
Boston University – School of Law

Indigenous Resilience

Arizona Law Review (Forthcoming), BYU Law Research Paper No. 19-08
Number of pages: 65 Posted: 22 Mar 2019 [83 downloads]
Accepted Paper Series
Michalyn Steele
Brigham Young University- J. Reuben Clark Law School


The Belloni Decision and Its Legacy: United States v. Oregon and Its Far-Reaching Effects After a Half-Century

Environmental Law, Vol. 49, No. 4, 2020, Forthcoming
Number of pages: 47 Posted: 06 Jul 2019 Last Revised: 25 Oct 2019 [83 downloads]
Accepted Paper Series
Michael C. Blumm and Cari L. Baermann
Lewis & Clark Law School and HOBBS, STRAUS, DEAN & WALKER, LLP


Tribal Data Governance and Informational Privacy: Constructing ‘Indigenous Data Sovereignty’

80 Montana Law Review 229 (2019), Arizona Legal Studies Discussion Paper No. 19-19
Number of pages: 41 Posted: 17 Sep 2019 [73 downloads]
Accepted Paper Series
Rebecca A. Tsosie
University of Arizona – James E. Rogers College of Law

Other significant papers here:


Exploring Legal Issues in Tribal Public Health Data and Surveillance

Southern Illinois University Law Journal, Vol. 44, 2019
Number of pages: 14 Posted: 22 Aug 2019 Last Revised: 15 Oct 2019 [68 downloads]
Accepted Paper Series
Aila Hoss
Indiana University Robert H. McKinney School of Law

Raping Indian Country

University of Utah College of Law Research Paper Forthcoming
Number of pages: 49 Posted: 04 Dec 2019 [60 downloads]
Working Paper Series
Sarah Deer and Elizabeth Ann Kronk Warner
University of Kansas and University of Utah – S.J. Quinney College of Law

Learning from Tribal Innovations: Lessons in Climate Change Adaptation

University of Utah College of Law Research Paper No. 328, Environmental Law Reporter, Vol. 49, No. 11130
Number of pages: 20 Posted: 10 Sep 2019 Last Revised: 12 Dec 2019 [51 downloads]
Working Paper Series
Morgan Hepler and Elizabeth Ann Kronk Warner
University of Kansas and University of Utah – S.J. Quinney College of Law

Lobbying as a Strategy for Tribal Resilience

2018 BYU Law Review 1159
Number of pages: 73 Posted: 14 Aug 2019 [48 downloads]
Working Paper Series
Kirsten Matoy Carlson
Wayne State University Law School

Alex Skibine on Legislating Tribal Civil Jurisdiction over Nonmembers [now published]

Matthew L.M. Fletcher

Alex Tallchief Skibine has published “Incorporation Without Assimilation: Legislating Tribal Civil Jurisdiction over Nonmembers” in the UCLA Law Review Discourse.

The abstract:

For the last forty years the U.S. Supreme Court has been engaged in a measured attack on the sovereignty of Indian tribes when it comes to tribal court jurisdiction over people who are not members of the tribe asserting that jurisdiction. The U.S. Congress has already enacted legislation partially restoring some tribal courts’ criminal jurisdiction over nonmembers. This Article proposes to legislatively reconfirm the civil jurisdiction of tribal courts over such nonmembers. After examining the Supreme Court’s jurisprudence in this area and summarizing the Court’s main concerns with such tribal jurisdiction, this Article explores various legislative options before settling on a preferred course of action. The proposal set forth in the last part of this Article would reconfirm tribal court civil jurisdiction over nonmembers provided the tribal courts has established personal jurisdiction over the parties. However, tribal courts’ determinations on this subject would be appealable to federal courts. Furthermore, the Article proposes to allow nonmembers being sued in tribal courts the option of removing their cases to federal courts under certain conditions.

Sarah Deer and Elizabeth Kronk Warner on Trump, Indian Country, Sexual Assault, and Extractive Industries

Matthew L.M. Fletcher

Sarah Deer and Elizabeth Ann Kronk Warner have posted “Raping Indian Country” on SSRN. Here is the abstract:

In this article, we have examined the policies of the Trump Administration as they relate to extractive development on and near Indian country, and policies related to the protection of Native people from rape and sexual assault. As demonstrated above, the Administration’s policies are likely to increase both the environmental and physical vulnerabilities of Native people. Native people will not only likely face exasperated physical insecurity, but their environments will likely be increasingly stripped on natural resources. As a result, the raping of Indian county continues. But, this article is not without hope. At least two ways forward, improvements upon the status quo exist. Tribal governments possess the requisite capacity to address the environmental and criminal challenges presented here. Further, changes to federal law, such as the Oliphant fix suggested above, provide meaningful opportunities for change. The rape of Indian country envisioned in this article is not a foregone conclusion; together change can protect our land and bodies.

Highly recommended.

Robert Anderson on the Katie John Litigation

Matthew L.M. Fletcher

Robert T. Anderson has published “The Katie John Litigation: A Continuing Search for Alaska Native Fishing Rights After ANCSA” in the Arizona State Law Journal (PDF).

Highly recommended!!!!

Alex Skibine on Legislating Tribal Civil Jurisdiction Over Non-Members

Matthew L.M. Fletcher

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 been engaged in a measured attack on the sovereignty of Indian tribes when it comes to tribal court jurisdiction over people who are not members of the tribe asserting that jurisdiction. The Congress has already enacted legislation partially restoring some tribal courts’ criminal jurisdiction over non-members. This Essay proposes to legislatively reconfirm the civil jurisdiction of tribal courts over such non-members. After examining the Supreme Court’s jurisprudence in this area and summarizing the Court’s main concerns with such tribal jurisdiction, this Essay explores various legislative options before settling on a preferred course of action. The proposal set forth in the last part of this Essay would reconfirm tribal court civil jurisdiction over non-members provided the tribal courts has established personal jurisdiction over the parties. However, tribal courts’ determinations on this subject would be appealable to federal courts. Furthermore, the Essay proposes to allow non-members being sued in tribal courts the option of removing their cases to federal courts under certain conditions.

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

Matthew L.M. Fletcher

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, the Cheyenne River Sioux Tribe, and the Yankton Sioux Tribe against the Dakota Access Pipeline (DaPL) and the mass protests launched from the Sacred Stone and Oceti Sakowin protest camps. The use of environmental law as the primary legal mechanism to challenge the construction of the pipeline distorted the indigenous demand for justice as U.S. federal law is incapable of seeing the full depth of the indigenous worldview supporting their challenge. Indigenous activists constantly re-centered the direct actions and protests within indigenous culture to remind non-indigenous activists and the wider media audience that the protests were an indigenous protest, rather than a purely environmental protest, a distinction that was obscured as the litigation progressed. The NoDAPL protests, the litigation to prevent the completion and later operation of the pipeline, and the social movement that the protests engendered, were an explosive expression of indigenous resistance—resistance to systems that silence and ignore indigenous voices while attempting to extract resources from their lands and communities. As a case study, the protests demonstrate how the use of litigation, while often critical to achieving the goals of political protest, distorts the expression of politics not already recognized within the legal discourse.