Here:
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
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
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 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.
Book page here. Highly recommended.
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 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 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.
Agua Caliente Band of Cahuilla Indians Reservation Coachella Valley, California
This national conference provides opportunities for tribal, state, and federal participants to share knowledge, experiences, and ideas for developing and improving strategies and programs that serve the unique needs of crime victims in Indian Country. For information on previous conferences see www.OVCINC.org.
Questions:
Tribal Law and Policy Institute
P: 323-650-5467 ~ F: 323-650-8149
Email: Conference@TLPI.org
Conference Website: www.OVCINC.org
Registration Packets will be available in early summer 2016
Call for Presentations available here.
Formal Justice Department Conference Approval Pending.
The Office for Victims of Crime and the Tribal Law and Policy Institute are extending this invitation to participate as a presenter at the 15th National Indian Nations Conference. Workshop presentations should demonstrate methods and strategies to improve safety, as well as promote justice and healing for crime victims through cooperation, and collaboration between Tribal, Federal, State, local and private entities in American Indian and Alaska Native communities. Target Audience: The target audience is all persons interested in assisting victims of crime in Indian country including:
Indian Country Service Providers (Tribal, State, and Federal):
Tribal Community Members:
We welcome presentation ideas for all levels of experience/knowledge. Presenters must demonstrate expertise in working with Native American communities. Selection Criteria for Workshops will include:
Workshops must conform to the Conference Theme “Harnessing Our Collective Wisdom: Strengthening the Circle of Safety, Justice and Healing” and one or more of the Conference Goals (below):
Formal Justice Department Conference Approval Pending.
Questions: Tribal Law and Policy Institute, P: 3236505467 ~ F: 3236508149
Email: Conference@TLPI.org, Website: http://www.OVCINC.org
Mailing address:
Tribal Law and Policy Institute
8235 Santa Monica Blvd., Suite 211
West Hollywood, CA 90046
Turtle Talk 
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