Washburn Law Journal

Joe Hillman and Clayton Fulton on Tribal Infrastructure and Sovereignty

Matthew L.M. Fletcher

Joe Hillman and Clayton Fulton have published “Tribal Infrastructure as a Road to Reclaiming Sovereignty” in the Washburn Law Journal.

Here is the abstract:

The ability to shape one’s built environment has always been tied to the idea of sovereignty, both at the levels of individual people and units of communal self-governance. Modern tribal infrastructure is overwhelmingly influenced by a top-down approach where money comes from the federal government and credit for infrastructure projects in tribal communities is a source of pride for distant politicians. This Essay explores the history between infrastructure and sovereignty and proposes that tribes aremore than capable of planning for their communities, and are likely better at it than the U.S. government.

New Scholarship: Five Year Review of the American Indian Probate Reform Act

Matthew L.M. Fletcher

Diane K. Lautt has published “The American Indian Probate Reform Act: A Five-Year Review” in the Washburn Law Journal.

New Scholarship on How the Kansas Act is Unnecessary, Outdated, and Unfair

Matthew L.M. Fletcher

Michael C. Duma has published “Kansas’ Criminal Jurisdiction in Indian Country: Why the Kansas Act [18 U.S.C. § 3243] Is Unnecessary, Outdated, and Unfair” in the Washburn Law Journal.

Washburn Law Journal Symposium on Tribal Economies and Infrastructure

Matthew L.M. Fletcher

Here:

Tribal Nation Economics and Legal Infrastructure

Introduction

Articles

Exercising and Protecting Tribal Sovereignty in Day-to-Day Business Operations: What the Key Players Need to Know (395 KB PDF)
S. Chloe Thompson

America’s War on Tribal Economies: Federal Attacks on Native Contracting in the SBA 8(A) Business Development Program (184 KB PDF)
Helaman S. Hancock

Keeping the American Indian Rancher on the Land: A Socio-Legal Analysis of the Rise and the Demise of American Indian Ranching on the Northern Great Plains (241 KB PDF)
Raymond Cross

Indigenous (Ecological) Economics Remastered (177 KB PDF)
Valerie J. Phillips

Tribal Nations and Tribalist Economics: The Historical and Contemporary Impacts of Intergenerational Material Poverty and Cultural Wealth Within the United States (279 KB PDF)
Angelique EagleWoman (Wambdi A. WasteWin)

Tribal Judge Korey Wahwassuck on Tribal Court Jurisdiction

Matthew L.M. Fletcher1 Comment

Leech Lake Band of Chippewa Indians Chief Judge Korey Wahwassuck has published “The New Face of Justice: Joint Tribal-State Jurisdiction” in the Washburn Law Journal.

This piece covers the watershed agreement between the Leech Lake Band and the Cass County District Court.

Erik Jensen on Gaming on Newly-Acquired Indian Lands

Matthew L.M. Fletcher

Erik Jensen has published “Indian Gaming on Newly Acquired Lands” in the Washburn Law Journal, and it is available on SSRN. Here is the abstract:

This symposium article examines the meaning of the term “Indian lands” – the lands that might become sites for Indian gaming-in the Indian Gaming Regulatory Act of 1988. At its core, the term is unambiguous: it includes reservations and other lands that, at the time of IGRA’s enactment, were held in trust by the United States for the benefit of American Indian nations. But “Indian lands” can include much more. Indeed, it is possible for real estate having only the most tenuous historical connections with a tribe (perhaps having no connections at all) to become “Indian lands.” The treatment of so-called “newly acquired lands” has potentially far-reaching economic consequences for American Indian nations, but also for non-Indian populations, which can share in the benefits of tribal economic development. Along the way, the article discusses the basics of IGRA, recent developments affecting newly acquired lands, and whether an expansive conception of “Indian lands” is a good thing.

Washburn Law Journal Call for Papers

Matthew L.M. Fletcher

The Washburn Law Journal is currently requesting article submissions for the third issue of volume 47. This issue will be entirely focused on legal issues involving Indigenous Peoples of North America. We leave the topic intentionally broad, so that we might obtain a wide range of articles on legal issues, which include, but are not limited to, Tribal Law, Federal Indian Law and international legal concerns of indigenous populations. If you have academic pieces that you would like us to consider for publication, please send an email with your submission and contact information to Eryn Wright, Articles Editor at eryn.wright@washburn.edu. All submissions received prior to January 4, 2008 will be considered.

Thank you,

Eryn Wright

Articles Editor

Washburn Law Journal, Volume 47