Aila Hoss of the University of Tulsa College of Law has posted “Indiana’s Indian Laws: Indigenous Erasure and Racism in the Land of the Indians” on SSRN. Here’s the abstract:

In response to a request for funding on Tribal and Indian law research, a director level position from Indiana University stated that the author needed to “clear why a team from the middle of Indiana is positioned to conduct this research” and that it is her job “to point out the obvious.” In the author’s teaching evaluations for her first year property law class, students indicated that they wished the author spent less time on Indian law. These statements are just two examples of the active disdain for the research and study of Indian law within a major university in Indiana, “land of the Indians.” But it is also a symptom of a larger disinterest and hostility to the inclusion of Tribal and Indigenous issues, pervasive across communities and institutions in the state.

This article seeks to fill the immense gap in literature related to Indian law in Indiana. It can be a tool for educators, students, and practitioners seeking to learn more about this area of law. First, this article describes the American Indian and Alaska Native communities in Indiana. Next, describes Indiana’s Indian laws both from a state statutory and regulatory perspective as well as the implications of federal laws in Indiana. This article ends with a discussion on the importance of familiarity with Indian law in Indiana and identifies areas in which Indiana’s Indian laws could be strengthened.

Citation: 
Hoss, Aila, Indiana’s Indian Laws: Indigenous Erasure and Racism in the Land of the Indians (September 3, 2020). Available at SSRN: https://ssrn.com/abstract=3686081 or http://dx.doi.org/10.2139/ssrn.3686081

Aila Hoss

University of Tulsa College of Law

Aila Hoss is an Assistant Professor of Law at the University of Tulsa College of Law where she teaches and researches Indian law and health law. Professor Hoss practiced public health law as a staff attorney with the Centers for Disease Control and Prevention’s Public Health Law Program, where she worked to improve public health through the development of legal tools and the provision of legal technical assistance to state, Tribal, local, and territorial governments. Her work at CDC included supporting the agency’s Ebola Emergency Operations Center and serving as a faculty member for the agency’s Working Effectively with Tribal Governments course. Prior to joining TU Law, she was a visiting assistant professor at Indiana University McKinney School of Law in Indianapolis. Her research explores topics in health law and Indian law, particularly Tribal public health law and the impact of federal Indian law on health outcomes. She is an active member of the Indiana bar.

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