William Mitchell Law Review

William Mitchell Law Review: “Environmental Justice and Tribal Environmental Regulation”

Matthew L.M. Fletcher

Here:

Environmental Justice and Tribal Environmental Regulation
Stephen V. Quesenberry, Timothy C. Seward, and Adam P. Bailey, Tribal Strategies for Protecting and Preserving Groundwater

Richard Duncan and Christiana Martenson, I Can See Clearly Now: The EPA’s Authority to Regulate Indian Country Under the Clean Air Act

Jamie Kay Ford and Erick Giles, Climate Change Adaptation in Indian Country: Tribal Regulation of Reservation Lands and Natural Resources

Philomena Kebec, REDD+: Climate Justice or a New Face of Manifest Destiny? Lessons Drawn from the Indigenous Struggle to Resist Colonization of Ojibwe Forests in the Nineteenth and Twentieth Centuries

Liza Guerra Garcia, “Free the Land”: A Call for Local Governments to Address Climate-Induced Food Insecurity in Environmental Justice Communities 

Paula Goodman Maccabee, Tribal Authority to Protect Water Resources and Reserved Rights Under Clean Water Act Section 401

Call for Papers – Indigenous Environmental Rights and Tribal Environmental Regulation

Matthew L.M. Fletcher

William Mitchell Law Review, Vol. 41, Issue 2 (Spring 2015)

The William Mitchell Law Review is dedicating an issue to environmental justice issues, with a focus on indigenous rights to land and natural resources. The issue will be published in March 2015. Confirmed article topics so far cover tribal groundwater rights, EPA jurisdiction over off-reservation Indian lands, and mechanisms for tribal adaptation to climate change. The law review invites submissions that would support this overall theme of indigenous environmental justice and tribal environmental regulation.

Founded in 1974, the William Mitchell Law Review publishes timely articles of regional, national and international interest for legal practitioners, scholars, and lawmakers. Judges throughout the United States regularly cite the Law Review in their opinions. Academic journals, textbooks, and treatises frequently cite the Law Review as well. Due to the rising prominence of William Mitchell’s Indian law program, the Law Review is increasingly becoming a resource for articles relevant to Indian country.

Submissions may take the form of short commentaries or full-length law review articles. If you are interested in submitting an article, please email your submission to melissa.lorentz@wmitchell.edu by Friday, September 12th.

Woolman and Deer on a Feminist Lawyering Approach to Protecting Native Mothers and Their Children

Matthew L.M. Fletcher1 Comment

Joanna Woolman and Sarah Deer have published “Protecting Native Mothers and Their Children: A Feminist Lawyering Approach” in the William Mitchell Law Review.

From the introduction:

A mother killing her child is a shocking event. In the United States, our child protection system seeks to prevent this type of horror, along with countless other acts that harm children. Despite having a system designed to protect children from harm, hundreds of children are killed by their mothers each year. Each death represents a failure of our systems and communities, and individuals within both, to protect children. The typical response to filicide tends to focus on the actions of the individual mother rather than the failures of the system. Our current criminal justice system often deals with these cases and mothers harshly, not taking into account the unique, gendered circumstances that lead a mother to this desperate act. Society is quick to place blame on the archetype of a selfish, unfeeling mother who kills a child because she feels inconvenienced by motherhood. Neonaticide, a subcategory of filicide, is particularly fraught with extremely negative life circumstances, including mental illness, substance abuse, and trauma. These circumstances, in many cases, could be recognized and remedied with the right intervention. We believe that holistic, feminist legal representation could achieve this
intervention in some cases, possibly preventing the extreme, tragic outcome of the death of a child.

William Mitchell Law Review Symposium: The Dakota War of 1862

Matthew L.M. Fletcher

Here:

Colette Routel, Foreword

Paul Finkelman, “I Could Not Afford to Hang Men for Votes.”  Lincoln the Lawyer, Humanitarian Concerns, and the Dakota Pardons

Waziyatawin, Ph.D., Colonial Calibrations: The Expendability of Minnesota’s Original People

Angelique Townsend EagleWoman, Wintertime for the Sisseton-Wahpeton Oyate: Over One Hundred Fifty Years of Human Rights Violations by the United States and the Need for a Reconciliation Involving International Indigenous Human Rights Norms

Howard J. Vogel, Rethinking the Effect of the Abrogation of the Dakota Treaties and the Authority for the Removal of the Dakota People from Their Homeland

Lenor A. Scheffler, Reflections of a Contemporary Minnesota Dakota Lawyer: Dakota Identity and its Impacts in 1862 and 2012

Sarah Deer and John Jacobson, Dakota Tribal Courts in Minnesota: Benchmarks of Self-Determination

 

NNALSA Writing Competition Winner: “Tipping NAGPRA’s Balancing Act”

Matthew L.M. Fletcher

Matthew H. Birkhold’s “Tipping NAGPRA’s Balancing Act: The Inequitable Disposition of ‘Culturally Unindentified’ Human Remains under NAGPRA’s New Provision” has been published in the William Mitchell Law Review — here.

William Mitchell Law Review Symposium on Indian Law

Matthew L.M. Fletcher

Pretty excellent collection of articles.

Here:

Lenor A. Scheffler
Foreward

Ann E. Tweedy
Sex Discrimination Under Tribal Law

Keith Richotte, Jr.
Legal Pluralism and Tribal Constitutions

Steven J. Gunn
The Native American Graves Protection and Repatriation Act at Twenty: Reaching the Limits of Our National Consensus

Marren Sanders
Clean Water in Indian Country: The Risks (and Rewards) of Being Treated in the Same Manner as a State

Continue reading →

Sarah Deer on Sex Trafficking of Native Women

Matthew L.M. Fletcher

Sarah Deer has published her paper, “Relocation Revisited: Sex Trafficking of Native Women in the United States,” in the William Mitchell Law Review (Sarah Deer Sex Trafficking Article) (SSRN link).

Marcia Yablon-Zug on Tribal Gaming Revenue Sharing and Indian Child Support

Matthew L.M. Fletcher

Marcia Yablon-Zug has posted “Dangerous Gamble: Child Support, Casino Dividends, and the Fate of the Indian Family” on SSRN. It is forthcoming in the William Mitchell Law Review.

The abstract:

Casino dividends have created significant wealth for many Indian tribes and have greatly improved the lives of their members. However, these benefits do not come without a price. Other scholars have noted the negative effects of gaming on tribal membership, culture, and identity but, there has been virtually no discussion regarding how casino gaming may hurt the Indian family. A recent case from the Florida Court of Appeals vividly illustrates how casino dividends can be used in ways that harm Indian families. In Cypress v. Jumper, the Florida court completely relieved an Indian father of any and all financial obligation to his children due to his children’s receipt of tribal casino dividends. In this article, I explore both the basis for, and ramifications of, this decision. I conclude that the court’s decision is not supported by previous case law permitting the consideration of children’s income but rather, is the result of the parties’ Indian ethnicity and the historic and continuing negative perceptions regarding Indian parents. I then explore the importance of child support and demonstrate that the benefits of paying child support are not simply monetary, but are also emotional and psychological. These additional benefits are especially important for Indian children who, given the centuries long assault on the Indian family, are more likely to experience family break down and the emotional and psychological effects of such breakdown than non-Indian children. Consequently, I argue that the Cypress decision creates a dangerous precedent that if followed, will allow Indian gaming to significantly harm Indian families.

William Mitchell Law Review Call for Papers

Matthew L.M. Fletcher

Call for Papers – Indian Law

William Mitchell Law Review, Vol. 36, Issue II (Fall 2009)

The William Mitchell Law Review is proud to dedicate its second issue to Indian Law in its upcoming Volume 36 (fall 2009). We are currently seeking papers that examine current issues and recent developments in this important area of law. Submissions may either take the form of shorter commentaries or longer law review articles.

The William Mitchell Law Review is highly regarded both regionally and nationally. Our Law Review recently ranked twenty-second in citations by judges and ranked fifty-seventh in citations by other law journals, culminating in an overall ranking of seventieth. Over the years, the William Mitchell Law Review has featured the works of various scholars and practitioners such as Congressman Tim Penny, and former Vice President Walter Mondale. The William Mitchell Law Review has also published nationally known legal experts ranging from Philip Bruner, to Supreme Court Justices Sandra Day O’Connor, Byron White, and Harry Blackmun. Now, we would like to invite you to join us to publish in our upcoming volume.

Please direct inquiries to Executive Editor Vanessa Denis at vanessa.denis@wmitchell.edu.

Please send submissions to lreview@wmitchell.edu or mail them to our Editorial Office.

Please note that the Law Review prefers electronic submissions.

William Mitchell Law Review
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William Mitchell Law Review Call for Papers

Matthew L.M. Fletcher

William Mitchell Law Review is seeking submissions for its second symposium issue dedicated to American Indian Law.

The call for papers is here — william-mitchell-call-for-papers

Please direct inquiries to Executive Editor Vanessa Denis at vanessa.denis@wmitchell.edu.
Please send submissions to lreview@wmitchell.edu or mail them to our Editorial Office.
Please note that the Law Review prefers electronic submissions.