The Law of American Indians Posts

Tribes, States, and Sovereigns’ Interest in Children

This Article takes opposition to ICWA as an opportunity to scrutinize the nature and permissible scope of political communities’ interests in children. Acknowledging that a community’s and a child’s interests may at times conflict, in turn, makes clear the need to develop tools to identify and manage such conflicts when they occur.

Sacred Easements

This Article proposes a new approach, rooted in property law, for Native American faith communities to protect their sacred sites.

Toward a Tribal Role in Groundwater Management

This Article considers the Agua Caliente groundwater litigation a decade since its inception and outlines the present opportunity to reimagine the role of tribes in groundwater management.

U.S. Supreme Court Cites Principles of Family Dissolution

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.

The Indian Child Welfare Act During the Brackeen Years

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.

Justices appear divided over Navajo Nation’s water rights

This article was originally published on 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.

The Ascension of Indigenous Cultural Property Law

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.