Category Archives: Scholarship

Iowa Law Review Student Scholarship on How NHPA Fails Tribal Interests

Amanda M. Marincic has published “The National Historic Preservation Act: An Inadequate Attempt to Protect the Cultural and Religious Sites of Native Nations” in the Iowa Law Review. An excerpt: Beginning in 2016, the Standing Rock Sioux Tribe engaged in … Continue reading

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

Julia Stinson on Disenrollment as Cruel and Unusual Punishment

Julia M. Stinson has posted “When Tribal Disenrollment Becomes Cruel and Unusual” on SSRN. The article is forthcoming in the Nebraska Law Review. Here is the abstract: In the past two decades, Native American tribes have disenrolled—permanently removed from tribal … Continue reading

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

Alex Skibine on the Last 30 Years of Indian Law

Alexander Tallchief Skibine has published “The Supreme Court’s Last 30 Years of Federal Indian Law: Looking or Equilibrium or Supremacy?” In the Columbia Journal of Race and the Law. Here is the abstract: For 187 years, Indian nations status in … Continue reading

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New Scholarship on Voting Rights Act Litigation in Indian Country

Here is Jennifer L. Robinson and Stephen L. Nelson, The Small but Powerful Voice in American Elections: A Discussion of Voting Rights Litigation on Behalf of American Indians , 70 Baylor L. Rev. 91.

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Greg Ablavsky Commentary on Upper Skagit Decision

Gregory Ablavsky has posted “Upper Skagit v. Lundgren: Deceptively Straightforward Case Raises Fundamental Questions about Native Nations, History, and Sovereignty” on Stanford Law School’s blog. Here are excerpts: This decision provoked the ire of Justice Thomas, who, in a lengthy … Continue reading

Posted in Author: Matthew L.M. Fletcher, legal history, Scholarship, sovereign immunity, Supreme Court | Tagged , ,

Gregory Ablavsky on the Original Meaning of “With the Indian Tribes”, Race, and Citizenship

Gregory Ablavsky has published “With the Indian Tribes”: Race, Citizenship, and Original Constitutional Meanings in the Stanford Law Review. Here is the abstract: Under black-letter law declared in the U.S. Supreme Court’s decision in Morton v. Mancari, federal classifications of … Continue reading

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Student Note on ICWA as a Political Classification Statute

Allison Krause Elder has published “Indian” as a Political Classification: Reading the Tribe Back into the Indian Child Welfare Act in the Northwestern Journal of Law & Social Policy. Here is the abstract: In the summer of 2018, the Ninth Circuit will consider … Continue reading

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Ezra Rosser on Medicaid Waivers and Political Preferences for Indians

Ezra Rosser has published “Medicaid Waivers and Political Preferences for Indians” in the Harvard Law Review Blog.

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Kirsten Carlson on the Rise of Lobbying by Tribal Interests from 1978 to 2012

Kirsten Matoy Carlson has posted “Lobbying Against the Odds,” forthcoming in the Harvard Journal on Legislation. Here is the abstract: Conventional narratives maintain that groups that lack political power litigate because they cannot attain their goals politically. Yet lobbying by … Continue reading

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New Volume of American Indian Law Journal (Vol. 6, Issue 2)

Here: Volume 6, Issue 2 (2018) Articles PDF I See You – A Story from the Haudenosaunee Simone Anter J.D. PDF Indian Child Welfare Act Annual Case Law Update and Commentary Kathryn Fort and Adrian T. Smith PDF August 2016 … Continue reading

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