Here’s his thought provoking piece on the Harvard Law Review Blog.
Paul Spruhan posted “CDIB: The Role of the Certificate of Degree of Indian Blood in Defining Native American Legal Identity” on SSRN.
This essay discusses the “CDIB” or Certificate of Indian or Alaska Native Blood, a document that proves an individual’s quantum of Native American blood. The CDIB is a federal document issued by the Bureau of Indian Affairs or by tribal nations through a “638” self-determination contract, but without published regulations or even clear written guidelines. The essay discusses its mysterious origins, its primary purpose, and its role in defining Native American legal identity. It also suggests some provisions to be included in final regulations, should the Bureau of Indian Affairs revive its attempt to publish CDIB regulations.
Paul Spruhan has posted “The Complete Timeline of the Navajo Presidential Dispute.”
Paul Spruhan (Navajo Nation Supreme Court law clerk) has posted, “The Origins, Current Status, and Future Prospects of Blood Quantum as the Definition of Membership in the Navajo Nation” (forthcoming in the Tribal Law Journal) on SSRN. Here is the abstract:
The paper, forthcoming in the Tribal Law Journal, traces the origins of the requirement that persons have one-quarter or more Navajo blood to be enrolled in the Navajo Nation. Through minutes of the Navajo Nation Council and Bureau of Indian Affairs documents, the paper discusses the genesis of this requirement in the context of the development of the Nation’s natural resources and the Nation’s attempts to adopt a tribal constitution. The paper further examines recent unsuccessful efforts to revise the requirement, and the possibility of challenges to the requirement under the recently passed statute mandating application of the Fundamental Laws of the Dine.
Paul Spruhan, a clerk for the Navajo Nation Supreme Court, has posted “Indian as Race/Indian as Political Status: Implementation of the Half-Blood Requirement under the Indian Reorganization Act, 1934-1945” on SSRN. This paper was published in the Rutgers Race and the Law Review.
Here’s the abstract: