American Indian Law
Topics include federal/tribal relations, state/tribal relations, tribal jurisdiction and authority, and business law.
Seth Davis, Eric Biber and Elena Kempf | December 1, 2021 | American Indian Law
Below is the abstract for “Persisting Sovereignties,” available for download on SSRN. From the first days of the United States, the story of sovereignty has not been one of a simple division between the federal government and the states of the Union. Then, as today,...
Madison Bessho | November 23, 2021 | American Indian Law
On November 19, in honor of Native American Heritage Month, the National Constitution Center hosted ‘Native Americans and the Constitution.’ The conversation explores the influence indigenous and tribal governments have had on the U.S. Constitution...
Jennifer Morinigo | October 28, 2021 | American Indian Law
On November 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. Co-sponsored by The American Law Institute, the symposium...
Amy Howe | October 19, 2021 | American Indian Law, Policing
Below is an excerpt of the piece originally published at Howe on the Court and featured by SCOTUSblog.com on October 18, 2021. The Supreme Court on Monday morning added two new cases, both involving Native Americans, to its docket for this term. The justices also...
Maggie Blackhawk | September 17, 2021 | American Indian Law
Below is the abstract for “On Power & the Law: McGirt v. Oklahoma,” available for download on SSRN. 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...
Andrew Novak | August 27, 2021 | American Indian Law
Below is the abstract for “Tribal Pardons: A Comparative Survey,” available for download on SSRN. This paper surveys American Indian tribal justice systems to assess whether collateral consequences attach to convictions and whether a pardon or expungement process...