Category Archives: Scholarship

American Indian Scholarship Update

Here are selected papers available online: Reimagining Relocation in a Regulatory Void: The Inadequacy of Existing Us Federal and State Regulatory Responses to Kivalina’s Climate Displacement in the Alaskan Arctic Climate Law, Vol. 7, No. 4, pp. 290–321 (2017) , … Continue reading

Posted in Author: Matthew L.M. Fletcher, Scholarship | Leave a comment

New Issue of American Indian Law Review

Here: Articles The Fairness of Tribal Court Juries and Non-Indian Defendants – Julia M. Bedell   PDF Access to Energy in Indian Country: The Difficulties of Self-Determination in Renewable Energy Development – Nicholas M. Ravotti   PDF Federal Indian Law in the New Administration States and … Continue reading

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Rick Collins on Tribal Immunity

Richard B. Collins posted “To Sue and Be Sued: Capacity and Immunity of American Indian Nations,” forthcoming in the Creighton Law Review. Here is the abstract: Can American Indian nations sue and be sued in federal and state courts? Specific … Continue reading

Posted in Author: Matthew L.M. Fletcher, Scholarship, sovereign immunity | Tagged , | Leave a comment

Fletcher Paper on States and American Indian Citizenship Rights (+ ICWA)

Here is “States and Their American Indian Citizens,” recently published in the American Indian Law Review. An excerpt: This article is intended to provide a theoretical framework for tribal advocates seeking to approach state and local governments to discuss cooperation … Continue reading

Posted in Author: Matthew L.M. Fletcher, Child Welfare, ICWA, Michigan Indian, Scholarship | Tagged , , , , | Leave a comment

ABA Human Rights Journal: “Tribal Disenrollment Demands a Tribal Answer”

William R. Norman Jr., Kirke Kickingbird, and Adam P. Bailey have published “Tribal Disenrollment Demands a Tribal Answer” in the ABA Human Rights Journal.

Posted in Author: Matthew L.M. Fletcher, Scholarship, Tribal Codes, tribal constitutions, tribal courts, tribal membership | Tagged , | Leave a comment

Differing Scholarly Opinions on the Ethics of Representing Tribes Engaged in Disenrollments

Here is George K. Komnenos, Tribal Advocates as Ministers of Justice: A Potentially Problematic Concept, 29 Geo. J. Legal Ethics 1079 (2016): GeorgeKKomnenosTribalAdvo An excerpt: In June 2015, the National Native American Bar Association (NNABA) adopted its first Ethics Opinion entitled Formal Duties of … Continue reading

Posted in Author: Matthew L.M. Fletcher, Scholarship, tribal constitutions, tribal courts, tribal membership | Tagged , | Leave a comment

New Scholarship Proposing a National Tribally Owned Lien Filing System to Support Access to Capital in Indian Country

William H. Henning, Susan M Woodrow and Marek Dubovec have posted their paper, “A Proposal for a National Tribally Owned Lien Filing System to Support Access to Capital in Indian Country,” forthcoming in the Wyoming Law Review.

Posted in Author: Matthew L.M. Fletcher, economic development, Scholarship | Tagged , | Leave a comment

Washburn & Cummings: “Explaining the Modernized Leasing and Right-of-Way Regulations for Indian Lands”

Kevin Washburn & Jody Cummings have posted “Explaining the Modernized Leasing and Right-of-Way Regulations for Indian Lands.” The abstract: The Obama Administration enacted significant reforms to the regulatory rules governing federal leasing and right of way approvals across tribal lands … Continue reading

Posted in Author: Matthew L.M. Fletcher, Regulations, Scholarship | Tagged , | Leave a comment

Alex Skibine on the Last 30 Years of Indian Law in the Supreme Court

Alexander Tallchief Skibine has posted “The Supreme Court’s Last 30 Years of Federal Indian Law: Looking for Equilibrium or Supremacy?” He presented this paper at the PLSI 50th Anniversary. Here is the abstract: Since 1831, Indian nations have been viewed … Continue reading

Posted in Author: Matthew L.M. Fletcher, Scholarship, Supreme Court | Tagged , | 1 Comment

2017-2018 American Indian Law Review Writing Competition Announcement

Here, from AILR: AILR has proudly served Native communities since 1973, and each year at this time we encourage law students nationwide to participate in this, the longest-running competition of its kind.  Papers will be accepted on any legal issue … Continue reading

Posted in Author: Matthew L.M. Fletcher, Scholarship, Student Activities | Tagged | Leave a comment