Rutgers Race and the Law Review

Leah Jurss on Creative Remedies for Tribes Extending Civil Infraction Systems over Non-Indians

Matthew L.M. Fletcher

Our own Leah Jurss (MSU Law ’15, MSU Law Review EIC, White Earth Ojibwe) has published “Halting the Slide Down the Sovereignty Slope: Creative Remedies for Tribes Extending Civil Infraction Systems over Non-Indians” in the Rutgers Race and The Law Review.

An excerpt:

The best option for tribes is to work towards building open communications with non-Indians residing on reservations, non-Indians visiting reservations, and state and local governments surrounding reservations. These communications can help to build trust between all parties and a base of empirical evidence showing the effectiveness of tribal civil infraction systems. It is imperative that tribal jurisdiction over non-Indians not be reduced any more than it currently is to ensure the continuing success and viability of tribal nations themselves. A tribal nation that does not have the ability to protect itself from harmful outside influences via its tribal courts has little ability to ensure the safety and security of its citizens, a priority of all sovereign nations.

Rutgers Race & Law Review Bibliography of Indian Law Articles

Matthew L.M. Fletcher

Rutgers Race and the Law Review has published its annual bibliography of law review articles on race and the law. The Indian law section includes the following:

5. Native Americans/Indigenous Peoples and the Law

5.0 General

Sara Brucker, Navajo Nation v. United States Forest Service: Defining the Scope of Native American Freedom of Religious Exercise on Public Lands, 31 Environs Envtl. L. & Pol’y J. 273 (2008).

Eric C. Chaffee, Business Organizations and Tribal Self-Determination: A Critical Reexamination of the Alaska Native Claims Settlement Act, 25 Alaska L. Rev. 107 (2008).

Gavin Clarkson, Wall Street Indians: Information Asymmetry and Barriers to Tribal Capital Market Access, 12 Lewis & Clark L. Rev. 943 (2008).

Allison M. Dussias, Indigenous Languages Under Siege: The Native American Experience, 3 Intercultural Hum. Rts. L. Rev. 5 (2008).

Ezekiel J.N. Fletcher, De Facto Judicial Preemption of Tribal Labor and Employment Law, 2008 Mich. St. L. Rev. 435 (2008).

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Paul Spruhan on Indian Blood Quantum under the IRA

Matthew L.M. Fletcher1 Comment

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:

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