The Indian Child Welfare Act of 1978: Protecting Essential Tribal Interests
University of Colorado Law Review, Vol. 60, No. 131, 1989
Patrice H. Kunesh
University of South Dakota
Tribal Self-Determination in the Age of Scarcity
South Dakota Law Review, Vol. 54, No. 398, 2009
Patrice H. Kunesh
University of South Dakota
Tribal Sovereign Interests Beyond the Reservation Borders
Lewis & Clark Law Review, Utah University Legal Studies Research Paper Series, Research Paper No. 08-21
Alexander Tallchief Skibine
University of Utah – S.J. Quinney College of Law
Abstract here:
In this article, after exploring the evolution of ‘sovereignty’ from a territorially based concept to a more flexible and fluid principle, professor Skibine examines the sovereign interests Indian tribes may have beyond the borders of their reservations.
Here is Gabe Galanda’s new article on doing sports business in Indian Country — Entertainment and Sports Lawyer
Aaby — Understanding the UCCJEA
An excerpt:
Tribal court proceedings are now included in some instances. For example, under the UCCJEA, a state court will be required to treat tribes as if they were states and tribal court custody proceedings as if they were sister state court proceedings and to enforce tribal court custody orders.
From Legal History Blog:
Barry Friedman, New York University School of Law, has posted The Story of Ex Parte Young: Once Controversial, Now Canon,which is forthcoming in Federal Courts Stories, ed. Vicki Jackson & Judith Resnik. Here’s the abstract:
Ex parte Young is a central part of the federal courts canon, yet the underlying historical details are little known or understood. This is unfortunate. Many cases in the canon are contested by advocates of greater or lesser federal court intervention. Ex parte Young, however, is bedrock, almost universally admired across the ideological spectrum. At the time, though, this decision opening the doors to federal court was widely condemned by progressives who disdained judicial involvement in economic legislation. The Story of Ex Parte Young tells of the cases’ origins in Reconstruction and the Gilded Age, shedding light on how we should understand this now widely-accepted decision.
The article, “An Empirical Analysis of Supreme Court Certiorari Petition Procedures: The Call for Response and the Call for the Views of the Solicitor General”, appears in the George Mason Law Review. Here is Marcia Coyle’s coverage (thanks to Mike McBride for this):
Marcia Coyle (article here, subscription required)
06-16-2009
So you’ve taken your client’s case all the way to the Supreme Court and the justices have asked the solicitor general of the United States whether they should grant review. What are your chances of a nod in your favor?
Not bad, according to an unusual study of two of the high court’s most important “information-gathering” tools — a call for the views of the solicitor general, known as a CVSG, and a call for a response, or CFR, to a petition for certiorari. The Court granted briefing on the merits in 34 percent of cases in which it called for the views of the solicitor general, a 37-time increase above the grant rate for all petitions. And, the justices follow the recommendation of the solicitor general to grant or deny a case roughly 80 percent of the time, according to the study.
David Thompson, currently a clerk to Justice Antonin Scalia, and Melanie Wachtell, policy director for the nonprofit Tobin Project, are both Stanford Law graduates who participated in the law school’s Supreme Court clinic. “We decided we were interested in writing a paper, and we felt if we were going to embark on a long paper to be published in a legal journal, we wanted it to be something that really contributed,” recalled Wachtell.
From the South Dakota Law Review:
The South Dakota Law Review is pleased to announce that it has
selected the 20th anniversary of the Employment Division v. Smith
decision as the topic for its annual symposium issue. The Smith
decision remains central to our understanding of the scope of religious
protection Americans enjoy and continues to provoke much debate. The
anniversary provides an occasion for scholars to engage the decision,
its impact on Free Exercise doctrine, and the subsequent actions by
Congress and the federal courts in the area of Free Exercise.
The Law Review invites the submission of abstracts on any facet of policy
or law research relating to the symposium topic. The topic will
encompass diverse areas of religion and the law, with an emphasis on Indian law and constitutional law.
To submit an abstract for publication consideration, send an electronic copy of the abstract by email to kelly_jo_minor@yahoo.com by August 10, 2007. All abstracts must contain original work that has not previously been published.
From the Legal History Blog:
The New Zealand Legal Text Centre had recently launched an on-line archive of documents relating to the legal history of the Maori, the indigenous people of the islands. Here is the announcement:
The New Zealand Electronic Text Centre is proud to announce the launch of the Legal Maori Archive, a collection of more than 14,000 pages of around 250 19th century documents that illustrate the bi-lingual nature of New Zealand’s legal history. The Legal Maori Archive is freely available to the public and can be accessed via the NZETC website.
Among the many documents featured in this collection are the following:
The Proceedings of the Kotahitanga Parliaments
Henry Hanson Turton’s Maori Deeds of Land Purchases in the North Island of New Zealand
Maori translations of Acts and Bills circulated among Maori communities by the Crown
The Archive has been created in conjunction with Mamari Stephens from the Victoria University of Wellington’s School of Law as part of a project to establish a corpus of legal Maori documents, which will allow the analysis of the language and eventually a dictionary of legal Maori terms and concepts. It is the first time the documents have been brought together in one place and is the largest collection of separate documents that the New Zealand Electronic Text Centre has digitised. The Legal Maori Project seeks to resource speakers of te reo Maori who may not currently have access to a shared vocabulary to describe Western legal concepts. This Project will collate, develop and make available the terminology from Legal Maori texts, including those from the Legal Maori Archive, to all speakers and learners of te reo Maori and all researchers
The Arizona Journal of Comparative and International Law has published the winning essay in the NNALSA writing competition.
National Native American Law Students Association 8th Annual Writing Competition
Introduction
NNALSA
Foreword
Melissa L. Tatum
“The Coquille Indian Tribe, Same-Sex Marriage, and Spousal Benefits: A Practical Guide”
Julie Bushyhead
Turtle Talk 
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