Scholarship

Call for Papers: American Indian Law Review

Sarah M Donnelly1 Comment

The American Indian Law Review (AILR) welcomes articles by legal scholars and practitioners in the areas of law relating to Native Americans and indigenous peoples. The American Indian Law Review serves as a nationwide scholarly forum for analysis of developments in legal issues pertaining to Native Americans and indigenous peoples worldwide, and is one of the most cited legal publications in the nation.

Adhering to the traditional law review format, the Review offers in-depth articles by legal scholars, attorneys and other expert observers. The American Indian Law Review is committed to advancing the quality of published scholarship relating to Native Americans and other indigenous peoples. Toward this goal, the Review considers article submissions through an independent, double-blind peer-review process. Publication decisions are based upon objective recommendations from reviewers as well as the student board of editors.

Electronic submissions may be sent in one of two ways: (1) via ExpressO, an electronic submission service operated by the Berkeley Electronic Press, or (2) directly by email to the Review via mwaters@ou.edu. Submissions should follow these guidelines:

  1. Submissions may be in Microsoft Word or PDF format.
  2. The cover letter or transmitting email should specify that the submission is intended for the American Indian Law Review. (Submissions for other OU Law journals are received in both ExpressO and email venues.)
  3. Both the article being submitted and the cover letter should include the title of the article.
  4. The article itself should be anonymous. The author’s name or affiliation should not appear anywhere in the article unless as a citation which is not clearly identified with the author.
  5. The article should use footnotes, not endnotes, for citations. AILR recommends that submitters follow The Bluebook: A Uniform System of Citation(20th edition, 2015) for format and The Chicago Manual of Style for grammatical structure.

Hardcopy submissions may be submitted to:

American Indian Law Review
Andrew M. Coats Hall
300 Timberdell Road
Norman, OK 73019

The American Indian Law Review also recruits scholars and experts in the field of Native American law and indigenous peoples’ issues to review articles submitted to the Review for publication. Anyone interested in joining the Review’s pool of reviewers should contact Naomi Palosaari, Articles Development Editor, at naomi.palosaari@ou.edu.

Questions and inquiries may be sent to Austin R. Vance, Editor-In-Chief, at austin.vance@ou.edu.

Indigenous Peoples’ Journal Call for Submissions

Sarah M Donnelly1 Comment

The Indigenous Peoples’ Journal of Law, Culture & Resistance (IPJLCR) is accepting submissions for Volume 4. Submissions are being accepted until Wednesday, August 31, 2016.

IPJLCR is a law journal at the University of California Los Angeles School of Law that is interdisciplinary in nature, consisting of academic articles, legal commentary, poetry, songs, stories, and artwork. We are soliciting scholarly articles and student comments written about legal issues important to Indigenous communities and Native People 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.

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/resumes 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.

New Volume of UCLA Law School’s Indigenous Peoples’ Journal of Law, Culture & Resistance

Matthew L.M. Fletcher

Here:

Contents

Distant Thunder
Walden, Dawn Nichols

What Then Remains of the Sovereignty of the Indians? The Significance of Social Closure and Ambivalence in Dollar General v. Mississippi Choctaw
Beardall, Theresa Rocha; Escobar, Raquel

Gallery
Church, Kelly

Creating a Culture of Traffic Safety on Reservation Roads: Tribal Law & Order Codes and Data-Driven Planning
Hill, Margo L.; Myers, Christine S.

Crickets
Locklear, Lydia

Tribal Courts in the 21st Century Program at ABA Annual Meeting

Sarah M Donnelly

Download details here.

The meeting is Friday, August 5, 2016, in San Francisco.

 

New Indian Law Scholarship in the North Dakota Law Review

Matthew L.M. Fletcher

Here:

91 N.D. L. Rev. 1
Avoiding Extinction, Preserving Culture: Sustainable, Sovereignty-Centered Tribal Citizenship Requirements
– Michael D. Oeser

91 N.D. L. Rev. 37
Consultation or Consent: The United States’ Duty to Confer With American Indian Governments
– Robert J. Miller

Public Land & Resources Law Review 2016 Volume Available (Indian Country Issue)

Matthew L.M. Fletcher

Here (PRESS RELEASE):

Table of Contents

PDF Table of Contents

Editor’s Note

PDF Letter from Editor In Chief

Articles

PDF What Should Tribes Expect from Federal Regulations? The Bureau of Land Management’s Fracking Rule and the Problems with Treating Indian and Federal Lands Identically
Monte Mills

PDF Passage and Flow Considered Anew: Wild Salmon Restoration Via Hydro Relicensing

Paul Stanton Kibel

PDF Protecting Traditional Water Resources: Legal Options for Preserving Tribal Non-Consumptive Water Use

Julia Guarino

PDF “Salmon is Culture, and Culture is Salmon”: Reexamining the Implied Right to Habitat Protection as a Tool for Cultural and Ecological Preservation

Wesley J. Furlong

PDF A Sacred Responsibility: Governing the Use of Water and Related Resources in the International Columbia Basin Through the Prism of Tribes and First Nations

Matthew J. McKinney, Richard Kyle Paisley, and Molly Smith Stenovec

 

Shane Plumer on Turning Gaming Dollars Into Non-Gaming Revenue

Matthew L.M. Fletcher

Shane Plumer has published “Turning Gaming Dollars Into Non-Gaming Revenue: Hedging For The Seventh Generation” in the Journal of Law and Inequality’s Sua Sponte.

Here is the abstract:

There are four levels of diversification that tribes engage in: level one consists of amenities to gaming facilities; level two consists of tourist-reliant non-gaming businesses; level three involves on-reservation businesses that export products off the reservation; and the most sophisticated level involves acquiring off-reservation businesses in order to access more diverse markets. Historically, tribal economic development has been hindered by lack of access to capital markets, limitations placed on federal funding, federal Indian policy that requires creation of jobs on the reservation, information asymmetry and conservative investment strategies that are holdovers from how federal agencies invested tribal funds. This article provides a roadmap for cutting-edge tribal economic development that focuses on off-reservation investment by mobilizing investment banks and private equity in order to diversify tribal investment portfolios.

Turtle Talk Bookbag: John Borrows’ “Freedom & Indigenous Constitutionalism”

Matthew L.M. Fletcher

Book page here. Highly recommended.

JB.jpg

Blurb:

Indigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience.Freedom and Indigenous Constitutionalism celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance.

Demonstrating how Canada’s constitutional structures marginalize Indigenous peoples’ ability to exercise power in the real world, John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom. Among the stimulating issues he approaches are the democratic potential of civil disobedience, the hazards of applying originalism rather than living tree jurisprudence in the interpretation of Aboriginal and treaty rights, American legislative actions that could also animate Indigenous self-determination in Canada, and the opportunity for Indigenous governmental action to address violence against women.

Jessica Shoemaker on American Indian Property, Sovereignty, and the Future

Matthew L.M. Fletcher1 Comment

Jessica Shoemaker has posted “Complexity’s Shadow: American Indian Property, Sovereignty, and the Future,” forthcoming in the Michigan Law Review.

Here is the abstract:

This article offers a new perspective on the challenges of the modern American Indian land tenure system. While some property theorists have renewed focus on isolated aspects of Indian land tenure, including the historic inequities of colonial takings of Indian lands, this article argues that the complexity of today’s federally imposed reservation property system does much the same colonizing work that historic Indian land policies — from allotment to removal to termination — did overtly. But now these inequities are largely shadowed by the daunting complexity of the whole over-arching structure.

This article introduces a new taxonomy of complexity in American Indian land tenure and explores particularly how the recent trend of hyper-categorizing property and sovereignty interests into ever-more granular and interacting jurisdictional variables has exacerbated development and self-governance challenges in Indian Country. The entirety of this structural complexity serves no adequate purpose for Indian landowners or Indian nations and instead creates perverse incentives to grow the federal oversight role. Complexity begets more complexity, and this has created a self-perpetuating and inefficient cycle of federal control. However, stepping back and reviewing Indian land tenure as a system — a whole complex, dynamic, and ultimately adaptable system — actually introduces new and potentially fruitful management techniques borrowed from social and ecological sciences. Top-down Indian land reforms have consistently intensified complexity’s costs. This article explores how emphasizing grassroots experimentation and local flexibility instead can create critical space for reservation-by-reservation property system transformations into the future.

Addie Rolnick on Juvenile Justice in Indian Country

Matthew L.M. Fletcher

Addie Rolnick has published “Untangling the Web: Juvenile Justice in Indian Country,” forthcoming from the NYU Journal of Legislation & Public Policy. [PDF]

Here is the abstract:

The juvenile justice system in Indian country is broken. Native youth are vulnerable and traumatized. They become involved in the system at high rates, and they are more likely than other youth to be incarcerated and less likely to receive necessary health, mental-health, and education services. Congressional leaders and the Obama administration have made the needs of Indian country, especially improvement of tribal justice systems, an area of focus in recent years. The release of two major reports—one from a task force convened by the Attorney General to study violence and trauma among Native youth and the other from a bipartisan commission appointed to recommend improvements to criminal justice in Indian country—has further trained this focus on improving juvenile justice. Two recommendations appear again and again in every report and article: give tribes more control over their juvenile justice systems and reduce the reliance on secure detention. Yet, implementing these recommendations seems next to impossible.

Taking as its starting point these two devastating reports, this Article provides a thorough description and diagnosis of the reasons that the Indian country juvenile justice system continues to fail Native youth, one that has been missing from the legal and policy literature. It provides a careful analysis of the law governing juvenile delinquency jurisdiction in Indian country. While it echoes others’ observations that the confusing jurisdictional web is part of the reason Native youth remain neglected and invisible in federal and state systems, and ill-served by tribal systems, this Article’s detailed analysis of the law reveals much greater potential for tribal control under current laws than others assume exists. More importantly, the Article moves beyond the familiar complaint about the jurisdictional web to examine the inner workings of each sovereign’s approach to Indian country justice, providing the fuller picture necessary to identify and implement both large-scale and small-scale solutions. As federal and tribal leaders debate legal and policy changes to the Indian country juvenile justice system, including potential amendments to the Federal Juvenile Delinquency Act, the Juvenile Justice and Delinquency Prevention Act, federal criminal laws, and Public Law 280, this Article’s timely investigation of barriers to improvement will elucidate a better path to healing, not harming, Native youth.