The Law of American Indians Posts
In its first major opinion on the scope of American Indian tribes’ sovereign powers in decades, the Supreme court held on Tuesday in United States v. Cooley that tribal governments — and thus their police officers — have the power to search and temporarily detain non-Indians suspected of breaking federal or state laws within reservations.
The first segment of this year’s virtual Annual Meeting adjourned last week. Below is a summary of the actions taken on May 17 and 18. All approvals by the membership at the Annual Meeting are subject to the discussion at the Meeting and the usual editorial prerogative.
ALI members voted at The American Law Institute’s Annual Meeting to approve Restatement of the Law, The Law of American Indians. This is the first Restatement on this important area of law. The project Reporters are Matthew L.M. Fletcher and Wenona T. Singel, both of Michigan State University College of Law, and Kaighn Smith, Jr. of Drummond Woodsum.
Have you ever wondered what exactly goes into completing an ALI project? There’s nobody better to talk about the ALI process than four veteran Reporters whose projects may be completed at the 2021 Annual Meeting.
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.