The Law of American Indians Posts
In a dissenting opinion in Haaland v. Brackeen, Associate Justice Clarence Thomas cited Principles of the Law, Family Dissolution: Analysis and Recommendations § 2.02 in arguing that Congress lacked the authority to enact the Indian Child Welfare Act.
In Haaland v. Brackeen, the Supreme Court of the United States upheld the Indian Child Welfare Act.
This article draws on data from previous publications that provide annual updates on ICWA appeals, giving a description of appellate data trends while also highlighting key appellate decisions from jurisdictions across the country.
This article was originally published on SCOTUSblog.com on March 21, 2023. What water the United States owes the Navajo Nation under the 1868 Treaty of Bosque Redondo formed the crux of the argument in Arizona v. Navajo Nation.
Bringing Congress and Indians Back into Federal Indian Law: The Restatement of the Law of American Indians
This article argues that the Restatement of the Law of American Indians retells federal Indian law to close the gap between statutory and decisional law. It realigns federal Indian law with the modern federal-tribal relationship negotiated between Congress and tribal governments.
This Article shows a striking increase in the development of tribal cultural property laws as Indian tribes seek to advance human and cultural rights in innovative and inspired ways.
This article was originally published on Reason.com on January 20, 2023.
This article discusses how family law classrooms can incorporate ICWA into conversations on family law as a step in eliminating bias in the legal academy and in the profession against American Indians.
The Terms of their Deal: Revitalizing the Treaty Right to Limit State Jurisdiction in Indian Country
Federal recognition of inherent American Indian tribal sovereignty has been memorialized in countless treaties, congressionally ratified agreements, and executive orders setting aside reservations throughout the United States. This article seeks to demonstrate that the Court’s treaty-based analysis of tribal sovereignty should be applied by the judiciary moving forward.
Addressing the Oliphant in the Room: Domestic Violence and the Safety and American Indian and Alaska Native Children in Indian Country
In this paper, we argue that Section 904 is far too narrow to protect child victims of domestic violence and ancillary crimes in Indian country and must be amended to allow tribal courts to exercise special domestic violence criminal jurisdiction in Indian country.