Category Archives: Scholarship

Elizabeth Reese on the People’s Tenth Amendment

Elizabeth Reese has posted “Or to the People: Popular Sovereignty and the Power to Choose a Government,” published in the Cardozo Law Review, on SSRN. Here is the abstract: To protect state sovereignty, contemporary textualism has reinvigorated the Tenth Amendment … Continue reading

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MSU Voice on Campus Talks — Fletcher Talk Tomorrow @ Lunch

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New Scholarship on Tribal Bankruptcy

Laura Coordes has posted “Beyond the Bankruptcy Code: A New Statutory Bankruptcy Regime for Tribal Debtors,” forthcoming in the Bankruptcy Developments Journal, on SSRN. Here is the abstract: Native American tribes and tribal businesses play an important role in U.S. … Continue reading

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New Scholarship on Indian Treaty Rights and Fossil-Fuel Exports Projects in the Pacific Northwest

Michael C. Blumm & Jeffrey Litwak have posted “Democratizing Treaty Fishing Rights: Denying Fossil-Fuel Exports Projects in the Pacific Northwest,” forthcoming in the Colorado Natural Resources, Energy & Environmental Law Review, on SSRN. Here is the abstract: Indian treaty fishing rights … Continue reading

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New Scholarship by Jeanette Wolfley on Indian Tribes and the Energy Industry

Jeanette Wolfley has published “Embracing Engagement: The Challenges and Opportunities for the Energy Industry and Tribal Nations on Projects Affecting Tribal Rights and Off-Reservation Lands” in the Vermont Journal of Environmental Law.  

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Chris Chaney on Data Sovereignty in Tribal Governance

Christopher B. Chaney has published “Data Sovereignty in Tribal Governance” in TribalNet Magazine.

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New Scholarship on IP and Traditional Knowledge in Tribal Codes

Dalindyebo Bafana Shabalala has posted “Intellectual Property, Traditional Knowledge, and Traditional Cultural Expressions in Native American Tribal Codes” on SSRN. Here is the abstract: Indigenous peoples and nations have been making demands for protection and promotion of their intellectual property, … Continue reading

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New Scholarship on the Tohono O’odham Legal Systems

Kyle Fields has posted “Tohono O’odham Legal Systems” on SSRN. Here is the abstract: This short essay surveys the Tohono O’odham’s legal system through three periods. First, it discusses the traditional O’odham legal system, which relied on himdag (culture or … Continue reading

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2018 Montana Law Review Browning Symposium: The Future of Federal Indian Law and the (New) Roberts Court

Here (PDF).  

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New Paper on The Extraterritorial Reach of Tribal Court Criminal Jurisdiction

Grant Christensen has posted “The Extraterritorial Reach of Tribal Court Criminal Jurisdiction” on SSRN. Here is the abstract: Conflicts over the jurisdiction between tribal, state, and federal courts arise regularly due to the nature of overlapping sovereignty. The Supreme Court … Continue reading

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