American Indian Law
Topics include federal/tribal relations, state/tribal relations, tribal jurisdiction and authority, and business law.
Kathryn E. Fort and Adrian T. Smith | May 9, 2023 | American Indian Law
Below is the abstract for “The Indian Child Welfare Act During the Brackeen Years” available for download on SSRN. From 2017 through 2022, while the Indian Child Welfare Act (“ICWA”) was under direct constitutional attack from Texas, state courts around the country...
Matthew L.M. Fletcher | March 22, 2023 | American Indian Law, Property
This article was originally published on SCOTUSblog.com on March 21, 2023. What water the United States owes the Navajo Nation under the 1868 Treaty of Bosque Redondo formed the crux of the argument in Arizona v. Navajo Nation. The treaty, known by the Navajo people...
Kirsten Matoy Carlson | March 15, 2023 | American Indian Law
Below is the abstract for “Bringing Congress and Indians Back into Federal Indian Law: The Restatement of the Law of American Indians.” The abstract is available on SSRN and the article may be viewed here. Congress and Native Nations have renegotiated the...
Angela R. Riley | March 1, 2023 | American Indian Law, Property
Below is the abstract for “The Ascension of Indigenous Cultural Property Law,” available through the Michigan Law Review or for download on SSRN. Indigenous Peoples across the world are calling on nation-states to “decolonize” laws, structures, and institutions that...
Tate Watkins | February 17, 2023 | American Indian Law, Property
The following article was originally published on Reason.com on January 20, 2023. The Colorado River Indian Tribes have just won a victory—but there are a lot more controls that need to be lifted. In early January, the unthinkable happened for hundreds of households...
Neoshia R. Roemer | January 24, 2023 | American Indian Law
Below is the abstract for “Un-Erasing American Indians and the Indian Child Welfare Act from Family Law,” available for download on SSRN. In 1978, Congress enacted the Indian Child Welfare Act (ICWA) as a remedial measure to correct centuries-old policies that removed...
