Alan Meister, Kathryn Rand, and Steve Light have published their paper “Indian Gaming and Beyond: Tribal Economic Development and Diversification” in the South Dakota Law Review as part of a symposium on tribal economic development.
Here is the paper — Meister et al. Article on Tribal Econ Development
Patrice Kunesh (South Dakota) has posted “A Call for an Assessment of the Welfare of Indian Children in South Dakota” on SSRN. The paper is published in the South Dakota Law Review. Here is the abstract:
In the midst of faltering economies and raging poverty, American Indians in South Dakota have the nation’s lowest life expectancy, as well as some of the highest infant mortality and teen death rates. Furthermore, Indians are over-represented in significant numbers in every part of South Dakota’s welfare programs and criminal justice systems. What appears to have been missing throughout all these years is some meaningful discussion among State policymakers and tribal leaders about the correlation between the pervasive negative experience of American Indians in South Dakota, a birth to grave continuum, and restrictive and unsupportive state governmental policies. Through a close examination of demographic information about American Indian populations in the nation, with a particular focus on Indian communities in South Dakota, and of three recently issued state reports concerning the gross disproportionate over-representation of Native Americans in South Dakota’s juvenile justice, adult criminal justice, and the child welfare systems, this Article calls for a serious assessment of these critical issues in light of the State’s faltering social welfare and criminal justice systems relative to American Indians and tribal communities.
The South Dakota Law Review is looking for submissions for its annual symposium, “Economic Development in Indian Country: An Exploration of Policy, Law, and Culture“. Here is the letter.
Patrick M. Garry (South Dakota), Candice Spurling (South Dakota), Jennifer Keating (South Dakota), and Derek Nelson (South Dakota) have posted “Tribal Incorporation of First Amendment Norms: A Case Study of the Indian Tribes of South Dakota” on SSRN, recently published in the South Dakota Law Review.
From the abstract:
This article analyzes how Indian tribal courts have incorporated First Amendment norms within tribal legal systems. Given the more traditionally communal nature of tribal societies, Indian tribal courts have taken a slightly different approach to the kind of individual rights articulated in the First Amendment. As this article demonstrates, tribal courts have elevated community interest and values when considering individual rights issues. The ways in which those interests and values have been elevated may prove instructive to those who advocate a more balanced approach to First Amendment freedoms within the U.S. judicial system.
The article examines the legal obligation imposed on Indian tribes to protect certain individual rights, and whether the First Amendment applies to Indian tribes, and finally how the Indian Civil Rights Act applies. The article analyzes how federal courts have interpreted the Indian Civil Rights Act and surveys Indian tribal court decisions concerning individual rights issues such as free speech, free press, and free exercise of religion.
The final part of the article analysis turns away from reported tribal court decisions and focuses on tribal political, social, and cultural issues relating to First Amendment-type rights. In this respect, the article focuses exclusively on the nine tribes of South Dakota, exploring how First Amendment-type issues have arisen within those tribes and how they have been resolved outside of the judicial system.
Turtle Talk 