The Law of American Indians Posts
There are over 570 federally-recognized Tribal Nations in the United States and more than 330 tribal courts serving as the judicial branch of those nations. Yet, there is little mention of the existence of tribal courts in most mainstream civil procedure courses taught in the over 200 law schools in the United States.
This article argues that violence in Indian country will not be meaningfully reduced until tribes have full autonomy over their criminal systems. This can only be achieved when tribal criminal jurisdiction is equivalent to that exercised by states.
UC Hastings Indigenous Law Center Inaugural Panel: The Impact of COVID on Native and Indigenous CommunitiesLauren Klosinski
On Wednesday, Feb. 10, UC Hastings Indigenous Law Center is hosting its inaugural panel event, co-sponsored by the UCSF-UC Hastings Consortium on Law, Science & Health Policy. The panelists will discuss the Impact of COVID on Native and Indigenous Communities.
An article from Vice details how the recent U.S. Supreme Court ruling in McGirt v. Oklahoma could affect the lives and sentences of Native American’s convicted of crimes in the 3 million acres of eastern Oklahoma that is now recognized as “Indian Country.”
The Indian Child Welfare Act’s Application to Civil Commitments of Indian Children in State Court ProceedingCourtney Lewis
This article argues that ICWA applies to any state court proceeding for civil commitment of an Indian child if the Indian parent cannot have their child returned upon demand. The plain language of ICWA provides for this reasonable interpretation.
This article addresses a significant challenge to federal Indian law currently emerging in the federal courts. In 2013, the Supreme Court suggested that the Indian Child Welfare Act may be unconstitutional, and litigation on that question is now pending in the Fifth Circuit.
This article seeks to fill the immense gap in literature related to Indian law in Indiana. It can be a tool for educators, students, and practitioners seeking to learn more about this area of law.
A federal adoption law mandating that Native American children should be kept with Indian families whenever possible is under challenge by a white couple in Texas.
“Unlawful acts, performed long enough and with sufficient vigor, are never enough to amend the law.” So reads McGirt v. Oklahoma, the most important reservation boundary case in the history of the Supreme Court.
Department of Justice Invests More than $295.8 Million in Grants to Improve Public Safety, Serve Crime Victims in American Indian and Alaska Native CommunitiesLauren Klosinski
On Sept. 30, 2020 the DOJ announced it has awarded more than $295.8 million to improve public safety, serve victims of crime and support youth programs in American Indian and Alaska Native communities.