American Indian Law
Topics include federal/tribal relations, state/tribal relations, tribal jurisdiction and authority, and business law.
Lauren van Schilfgaarde and Brett Lee Shelton | September 19, 2022 | American Indian Law, Children and the Law
Below is the abstract for “Using Peacemaking Circles to Indigenize Tribal Child Welfare,” available for download on SSRN. Historical child welfare policies explicitly aimed to exterminate Indigenous culture and disrupt tribal cohesion. The remnants of these policies...
Matthew L.M. Fletcher | September 12, 2022 | American Indian Law
Below is the abstract for “Testimony before the Commission on Native Children,” available for download on SSRN. This letter and powerpoint were prepared at the request of the Alyce Spotted Bear and Walter Soboleff Commission on Native Children in advance of a hearing...
Ann E. Tweedy | August 10, 2022 | American Indian Law
Below is the abstract for “Off-Reservation Treaty Hunting Rights, the Restatement, and the Stevens Treaties,” available for download on SSRN. The under-development of the law of off-reservation treaty hunting and gathering poses challenges for treatises like the...
Matthew L.M. Fletcher | June 30, 2022 | American Indian Law
This article was originally published on SCOTUSblog.com on June 29, 2022. On the second-to-last day of the 2021-22 term, the Supreme Court ruled 5-4 that Oklahoma — and all other states — possesses concurrent jurisdiction with the federal government over crimes...
Ronald Mann | June 24, 2022 | American Indian Law
This article was originally published on SCOTUSblog.com on June 16, 2022. Wednesday’s decision in Ysleta del Sur Pueblo v. Texas resolves a longstanding dispute about the ability of Texas to control gambling on the lands of two of the Native American tribes that...
Jordan Gross | May 25, 2022 | American Indian Law
Below is the abstract for “Taking Stock: Open Questions and Unfinished Business Under VAWA Amendments to the Indian Civil Rights Act,” available for download on SSRN. The primary statutory tool for federal regulation of Tribal court criminal procedure is the Indian...
