The Law of American Indians Posts

Judge Murphy’s Indian Law Legacy

This Article highlights the contributions that Judge Diana Murphy made to federal Indian law jurisprudence and its real world impact.

Reservation Residents Face Long Road To Justice

An article for Law360 Access to Justice addresses the often extreme circumstances, and vast distances, indigenous victims, defendants and witnesses must traverse in order to testify in court.

16th Annual MSU ILPC/TICA Indigenous Law Conference

The 16th Annual Indigenous Law and Policy Center and Tribal In-House Counsel Association Indigenous Law Conference, hosted by Michigan State University College of Law, will take place October 10-11, 2019 (With pre-conference activities on October 9).

Oregon, Indigenous Nations, Manifest Destiny, and the Doctrine of Discovery

This talk will explain the elements, or factors, that make up this international law and argue that the Doctrine of Discovery morphed into “American Manifest Destiny” and was used, and is still being used today, to justify the United States’ acquisition of the lands and assets of the Indian Nations and peoples.

Fifth Circuit: ICWA is Constitutional on All Counts

The Fifth Circuit overturned the Northern District of Texas today with strong language supporting ICWA. The Court found that the plaintiffs did have standing, but found against them on all other counts. There is a dissent forthcoming from Judge Owens.

The Indian Child Welfare Act and Similar State Laws

Tentative Draft No. 3 Restatement of the Law, The Law of American Indians will be presented to membership at ALI’s 96th Annual Meeting. The following entry is the Introductory Note to Chapter 3, Subchapter 2 on the Indian Child Welfare Act and Similar State Laws included in the draft.