Category Archives: Scholarship

Jessica Shoemaker on Reclaiming Modern Indigenous Land Tenures

Jessica Shoemaker has posted “Transforming Property: Reclaiming Modern Indigenous Land Tenures,” forthcoming in the California Law Review. Here is the abstract: This Article challenges existing narratives about the future of American Indian land tenure. The current highly-federalized system for reservation … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, Scholarship | Tagged

New Paper on Defending Morton v. Mancari

Andrew Huff and Tim Coulter have released “Defending Morton v. Mancari and the Constitutionality of Legislation Supporting Indians and Tribes”. Quote from the article Supporting and defending the Mancari decision and the rule that it stands for – that laws … Continue reading

Posted in Author: Victoria Sweet, Research, Scholarship, Supreme Court, trust relationship | Tagged , , ,

Student Scholarship on the Allergan/Mohawk Case

Seth W. R. Brickey has published “Rent-A-Tribe: Using Tribal Immunity to Shield Patents from Administrative Review” in the Washington Law Review. Here is the abstract:  In 2017, Allergan Pharmaceuticals entered into an agreement with the Saint Regis Mohawk Tribe (SRMT). Allergan … Continue reading

Posted in Author: Matthew L.M. Fletcher, economic development, Scholarship, sovereign immunity | Tagged , ,

Bob Anderson on Indigenous Rights to Water and Environmental Protection

Robert T. Anderson has published Indigenous Rights to Water & Environmental Protection in the Harvard Civil rights-Civil Liberties Law Journal. an excerpt: This article examines the rights of Indian nations in the United States to adequate water supplies and environmental protection for … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Scholarship, water rights | Tagged , , ,

Alex Skibine on Foundational Principles and Limiting Principles in Federal Indian Law

Alex Skibine has posted his paper “From Foundational Law to Limiting Principles in Federal Indian Law,” forthcoming in the Montana Law Review as part of the 2018 Browning. The abstract: In this Article, I am arguing that one of the … Continue reading

Posted in Author: Matthew L.M. Fletcher, Scholarship | Tagged ,

Adrea Korthase on the Definition of “Indian Child” in the Era of Assisted Reproductive Technology

Adrea Korthase has published Seminal Choices: The Definition of “Indian Child” in a Time of Assisted Reproductive Technology in the Journal of the American Academy of Matrimonial Lawyers. HIGHLY RECOMMENDED!

Posted in Author: Matthew L.M. Fletcher, ICWA, Scholarship, tribal membership | Tagged ,

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

Posted in Author: Matthew L.M. Fletcher, Scholarship | Tagged ,

MSU Voice on Campus Talks — Fletcher Talk Tomorrow @ Lunch

Posted in Author: Matthew L.M. Fletcher, Michigan Indian, Scholarship | Tagged ,

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

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

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

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Scholarship, treaty rights | Tagged , , ,