Craig Smith has published a comment arguing that tribal judgments should be afforded Full Faith and Credit. The cite is 98 Cal. L. Rev. 1393 (2010). A one paragraph summary from the article is below:
“In this Comment, I attempt to answer some of those lingering questions by revisiting the claim that tribes should be afforded full faith and credit under the Full Faith and Credit Act. By looking to the Indian Law canons, the unique precedent of Puerto Rico, and the present reality of federal-tribal relations, I conclude that the Act does mandate full faith and credit for tribes. Rather than looking to whether Congress intended to include tribes at the moment it amended the Full Faith and Credit Act to include territories and countries under the jurisdiction of the United States, I arrive at my conclusion by following the approach of the First Circuit in the context of Puerto Rico and asking: Would Congress have intended to include tribes in § 1738 if it were aware of the current status of federally recognized Indian tribes today?”
Scholarship
Reo and Whyte on Indian Hunting and Traditional Ecological Knowledge
Nicholas Reo and Kyle Whyte have posted their paper, “Hunting and Morality as Elements of Traditional Ecological Knowledge,” on SSRN. Here is the abstract:
The legitimacy of contemporary subsistence hunting practices of North American Indians has been questioned because of hunters’ use of modern technologies and integration of wage-based and subsistence livelihoods. The legitimacy of tribal traditional ecological knowledge (TEK) has been questioned on similar grounds and used as justification for ignoring tribal perspectives on critical natural resource conservation and development issues. This paper examines hunting on the Lac du Flambeau Indian Reservation in North Central Wisconsin, USA. The study documents contemporary hunting practices and the traditional moral code that informs hunting-related behaviors and judgments. Subsistence hunting is framed in the context of TEK and attention focused on the interplay between TEK’s practical and moral dimensions. Results indicate the importance of traditional moral codes in guiding a community’s contemporary hunting practices and the inseparability and interdependence of epistemological, practical, and ethical dimensions of TEK.
Exchange between Michael Brown and Carpenter/Katyal/Riley on “In Defense of Property”
Charleston Law Review’s Supreme Court Issue
Blake Watson on the Doctrine of Discovery
Here is the article, published in the Seattle University Law Review.
Two New Articles on Alaskan Native Issues in Alaska Law Review
Wisc. Journal of Gender, Law, and Society Indian/Immigration Law Symposium Published
The articles are here. The journal’s home page is here.
And here are a few selected articles:
Shared Experiences, Divergent Outcomes: American Indian and Immigrant Victims of Domestic Violence by Jacqueline P. Hand and David C. Koelsch
No Exceptions Made: Sexual Assault Against Native American Women and the Denial of Reproductive Healthcare Services by Rebecca A. Hart
The agenda for the live symposium is posted here.
Article on native entitlements and formal equality published in Law & Society Review
Courtenay W. Daum and Eric Ishiwata have published “From the Myth of Formal Equality to the Politics of Social Justice: Race and the Legal Attack on Native Entitlements” in Law & Society Review, 44 L. & Soc’y Rev. 843 (2010). Here’s the abstract:
“This article examines how the conservative legal movement’s successful count-ermobilization of the politics of rights enables U.S. Supreme Court outcomes that exacerbate racial and ethnic inequities while solidifying the privileged position of others in the name of equality. A comparison of two pivotal Supreme Court cases involving native entitlements–Morton v. Mancari (1974) and Rice v. Cayetano (2000)–illustrates how appeals to formal, as opposed to substantive, equality work in effect to support existing hierarchies. At the same time, the conservative legal movement’s success provides progressive social actors with opportunities to reframe the discourse. We suggest that a critical questioning of strategies predicated on appeals for equal rights may be necessary to advance the interests of native populations in the current environment, and we identify an alternative way of working for native interests, one that escapes the constraints of equality doctrine by appealing to broader claims of social justice.”
New Scholarship on American Indian Land Reform
Richael Faithful has posted “An Idea of American Indian Land Justice: Examining Native Land Liberation in the New Progressive Era” on SSRN, forthcoming in the National Lawyers Guild Law Review. Here is the abstract:
This article is inspired by Professor Robert Odawi Porter’s remarks during the 2009 D.C. Federal Indian Bar conference in which he outlined a seemingly radical proposal for “land liberation” for American Indian tribes – the abandonment of United States trusteeship over tribal land, and return of title and associated rights to numerous tribes who have lost their land due to nefarious governmental policies and bad deals. In an effort to bridge Porter’s visionary legal viewpoint with renowned economist and philosopher, Amartya Sen’s recent visionary contribution on justice, An Idea of American Indian Land Justice, helps revive an Indian law, critical studies tradition calling for greater tribal sovereignty, but in a new light, however, that examines a global political climate that embraces the human rights mantle to one degree or another. This article tries to illuminate two liberationist outlooks to scrutinize a legal proposal by a leading mind in Indian law that also has wide-reaching implications for other movements, struggles, and communities across the world.
New Scholarship on Tribal Economic Development (and Solar Power)
Ryan David Dreveskract will publish his article, “Native Nation Economic Development Via the Implementation of Solar Projects: How to Make it Work,” in the Washington & Lee Law Review (article here: Dreveskracht Article). It is also accessible on SSRN here. Here is the abstract:
This Article examines the issues surrounding sustainable economic development in American Indian country via the implementation of solar energy projects. Section II addresses Native American economic development, generally, focusing on Indian gaming, practical sovereignty, capable institutions, and cultural match. Section III discusses solar energy projects: the benefits of solar energy when compared to other types of energy production; the ways that these projects will benefit Indian country, specifically; and the rationale behind implementing solar energy projects as a means to sustainable economic development in Indian country. In arguing for the implementation of solar energy projects, Section III of the Article also provides instruction for the realization of these projects by tribes and state/federal regulatory/legislative bodies. Finally, having argued for and laid out a framework for economic development via solar projects, Section IV offers concluding remarks.
Turtle Talk 
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