The Law of American Indians Posts
In Penobscot Nation v. Frey and United States v. Frey, two cases ask the Supreme Court to review an en banc decision of the U.S. Court of Appeals for the 1st Circuit concerning authority over the Penobscot River in Maine. Both petitions detail the history of relationships between the Penobscot Nation and various governments, from Massachusetts colonists to the Maine Indian Claims Settlement Act and the Maine Implementing Act in the 1970s.
The symposium brought together leading experts in federal Indian law to discuss the Restatement and examine the Institute’s newly approved Restatement.
This article explores two consequences of tribes’ status as “states” and “nations” under international law during the early Republic.
In honor of Native American Heritage Month, the National Constitution Center hosted ‘Native Americans and the Constitution.’
On Nov. 5 and 6, Wisconsin Law Review will gather the nation’s top experts, judges, practitioners, and tribal leaders to host its 2021 symposium on the Restatement of the Law, the Law of American Indians.
U.S. Supreme Court Adds Two Cases on Native American Law and Issues Two Opinions Granting Police Officers Qualified ImmunityAmy Howe
The Supreme Court on Monday morning added two new cases, both involving Native Americans, to its docket for this term. The justices also issued two unsigned decisions holding, without oral argument, that police officers are entitled to qualified immunity from lawsuits accusing them of using excessive force. The justices, however, did not act on several of the high-profile petitions that they considered at their private conference last week.
This Essay aims to translate federal Indian law and the success of McGirt in order to demonstrate the broad purchase of these lessons for understanding the relationship between power and law, as well as for theories of legal change more generally.
This paper surveys American Indian tribal justice systems to assess whether collateral consequences attach to convictions and whether a pardon or expungement process exists to remove tribal convictions.
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.