Iowa Law Review Student Scholarship on How NHPA Fails Tribal Interests

Amanda M. Marincic has published “The National Historic Preservation Act: An Inadequate Attempt to Protect the Cultural and Religious Sites of Native Nations” in the Iowa Law Review.

An excerpt:

Beginning in 2016, the Standing Rock Sioux Tribe engaged in a highly-publicized, year-long legal battle with Energy Transfer Partners regarding the construction of the Dakota Access Pipeline (“DAPL”). The Tribe initially argued that the DAPL’s construction would destroy ancient burial sites and potentially poison their only source of drinking water, the Missouri River. The Tribe also argued that the agency involved in the project, the Army Corps of Engineers, did not fulfill the obligations required by the NHPA. For a while, the fate of the DAPL was uncertain, with permits for construction being denied and then granted. After the Army Corps of Engineers granted the permit pursuant to President Trump’s memorandum, construction on the DAPL was completed. After several failed attempts by the Standing Rock Sioux to halt operation of the DAPL, a federal district judge ruled in June 2017 that the environmental impact studies done on the DAPL were inadequate. While this ruling is a small victory for the Standing Rock Sioux Tribe, the NHPA was useless in protecting its cultural sites from significant damage.

Iowa Law Review Note on Possible Carcieri Fixes

Amanda Hettler has published her note “Beyond a Carcieri Fix: The Need for Broader Reform of the Land-Into-Trust Process of the Indian Reorganization Act of 1934” in the Iowa Law Review.

Here is the abstract:

: In Carcieri v. Salazar, the Supreme Court held that under the Indian Reorganization Act of 1934 the Secretary of the Interior can take land into trust only for those tribes that were federally recognized prior to 1934. In light of this decision, many tribes and leaders called for a legislative Carcieri fix. While a fix is necessary, this decision has provided lawmakers with a historic opportunity to reform both the statutory and regulatory frameworks for the land-into-trust program. The current process is inadequate and often leaves state and local governments with little voice in the process. It is often administered inefficiently, harming tribal interests and state and local governmental interests. Congress can and should provide a balanced fix that not only remedies the Carcieri issue, but also reforms the regulations governing this process and sets out new purposes and goals for this program.

Richard Delgado on the Origins of Critical Race Theory

Richard Delgado has posted his paper, “Liberal McCarthyism and the Origins of Critical Race Theory,” on SSRN. It is forthcoming in the Iowa Law Review.

Here is the abstract:

I wrote this piece exploring some of the intellectual origins of critical race theory for a 20-year anniversary of the movement held at the University of Iowa in April, 2009. In it, I look at the role of certain prominent university officers in purging their ranks of white radicals to prepare the way, in the late sixties and early seventies, for the first large group of post-Brown minority students who were starting to arrive around that time. I show how four promising white professors, two of law, one of history, and one of criminology lost their jobs and what they did afterward. I show that they continued to teach and write about left-wing thought in the hinterlands in ways that contributed to the rise of critical race theory. As they say, it is hard to kill an idea.