Emily Stolzenberg | December 6, 2023 | American Indian Law, Children and the Law
Below is the abstract for “Tribes, States, and Sovereigns’ Interest in Children,” available for download on SSRN. Haaland v. Brackeen, the unsuccessful SCOTUS challenge to the Indian Child Welfare Act (ICWA), trumpeted a critique made consistently over the statute’s...
Matthew L.M. Fletcher | March 22, 2023 | American Indian Law, Property
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. The treaty, known by the Navajo people...
Angela R. Riley | March 1, 2023 | American Indian Law, Property
Below is the abstract for “The Ascension of Indigenous Cultural Property Law,” available through the Michigan Law Review or for download on SSRN. Indigenous Peoples across the world are calling on nation-states to “decolonize” laws, structures, and institutions that...
Neoshia R. Roemer | January 24, 2023 | American Indian Law
Below is the abstract for “Un-Erasing American Indians and the Indian Child Welfare Act from Family Law,” available for download on SSRN. In 1978, Congress enacted the Indian Child Welfare Act (ICWA) as a remedial measure to correct centuries-old policies that removed...
Dylan Hedden-Nicely | January 6, 2023 | American Indian Law
Below is the abstract for “The Terms of their Deal: Revitalizing the Treaty Right to Limit State Jurisdiction in Indian Country,” available for download on SSRN. For over two hundred years the “whole course of judicial decision” in the United States has...
