American Indian Law
Topics include federal/tribal relations, state/tribal relations, tribal jurisdiction and authority, and business law.
Matthew L.M. Fletcher | March 18, 2024 | American Indian Law
Below is the abstract for “The Sovereignty Problem in Federal Indian Law,” available for download on SSRN. There is a sovereignty problem in federal Indian law, namely, that the federal government’s sovereign defenses prevent tribal nations and...
Emily Stolzenberg | December 6, 2023 | American Indian Law, Children and the Law
Below is the abstract for “Tribes, States, and Sovereigns’ Interest in Children,” available for download on SSRN. Haaland v. Brackeen, the unsuccessful SCOTUS challenge to the Indian Child Welfare Act (ICWA), trumpeted a critique made consistently over the statute’s...
Patrick E. Reidy | November 8, 2023 | American Indian Law, Property
Below is the abstract for “Sacred Easements,” available for download on SSRN. In the last forty years, Native American faith communities have struggled to protect their sacred sites using religious liberty law. When confronting threats to sacred lands, Native...
Alexandra Fay | October 3, 2023 | American Indian Law, Property
Below is the abstract for “Toward a Tribal Role in Groundwater Management,” available for download on SSRN. This Article considers the Agua Caliente groundwater litigation a decade since its inception. It recounts the most recent developments in the case, notably the...
Seo Ho Lee | June 21, 2023 | American Indian Law
In a dissenting opinion in Haaland v. Brackeen, No. 21–376 (June 15, 2023), Associate Justice Clarence Thomas cited Principles of the Law, Family Dissolution: Analysis and Recommendations § 2.02 in arguing that Congress lacked the authority to enact the Indian Child...
Madison Bessho | June 15, 2023 | American Indian Law
In Haaland v. Brackeen, a 7-2 majority decision, the Supreme Court of the United States upholds the Indian Child Welfare Act, finding that the 1978 federal law does not infringe on states’ authority to regulate child-custody programs. The full opinion is available...
