The Law of American Indians Posts
This Article brings to the fore the exclusion of tribal governments and their laws from our mainstream conception of “American law” and identifies this exclusion as both an inconsistent omission and a missed opportunity.
Unlike other children, Native American children can be tried and sentenced in tribal, state or federal justice systems. Once they make contact with the justice system, Native youth face unique complications that many don’t understand[.]
McGirt v. Oklahoma: Understanding What the Supreme Court’s Native American Treaty Rights Decision Is and Is Not
Confusion permeates the public arena as to what the U.S. Supreme Court recently did – and didn’t do – by ruling in favor of the Muscogee (Creek) Nation, a federally recognized Native American tribe, and against the state in McGirt v. Oklahoma.
On July 9, 2020 the Supreme Court of the United States held that land in northeastern Oklahoma reserved for the Creek Nation since the 19th century remains a reservation for the purpose of a federal statute that gives the federal government exclusive jurisdiction to try certain major crimes committed by “[a]ny Indian” in “the Indian country.”
This short essay argues for tribal regulatory powers over nonmembers in Indian country during a pandemic. This should be an easy argument, but federal Indian law makes it more complicated than it should be.
The following text is excerpted from Restatement of the Law, The Law of American Indians, Tentative Draft No. 4, Chapter. 4. Tribal Economic Development. The video included with this post provides an overview of the entire draft.
The following text is excerpted from Restatement of the Law, The Law of American Indians, Tentative Draft No. 4, Chapter. 4. Tribal Economic Development
Argument Analysis: For the Second Time in Two Terms, Justices Consider Reservation Status of Eastern Oklahoma
McGirt v. Oklahoma asks whether the eastern half of Oklahoma is an Indian reservation, exempt in important ways from the control of state and local authorities.
Argument Preview: Justices to Hear Second Set of Arguments on Reservation Status of Eastern Oklahoma
McGirt v. Oklahoma will bring the justices a pronounced sense of déjà vu, as they hear argument for the second time in two years about whether the eastern half of Oklahoma is an Indian reservation.
U.S. Senators Lisa Murkowski (Alaska), Tom Udall (New Mexico), and Catherine Cortez Masto (Nevada), applauded the unanimous passage of two bills — directed to addressing the crisis of missing and murdered Indigenous women — in the Senate on Wednesday, March 11.