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