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Indiana’s Indian Laws: Indigenous Erasure and Racism in the Land of the Indians

Aila Hoss | November 25, 2020 | American Indian Law

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...

The Case for a Federal Criminal Court System (and Sentencing Reform)

Christopher Slobogin | August 14, 2020 | Sentencing

ABSTRACTThis article proposes the establishment of a federal criminal court system, comprised of separate criminal trial courts, circuit courts of appeal and a National Court of Criminal Appeals, with discretionary review by the Supreme Court. Compared to the 1970s,...

Book Review- Braid of Feathers: American Indian Law and Contemporary Tribal Life by Frank Pommersheim

Richard Monette | March 2, 2020 | American Indian Law

ABSTRACTFrank Pommersheim’s Braid of Feathers: American Indian Law and Contemporary Indian Life offers a thoughtful invitation and a skillful guide into the largely uncharted terrain where federal Indian law meets tribal Indian law. Although of broad scope, including...

Reservation Residents Face Long Road To Justice

Pauline Toboulidis | September 18, 2019 | American Indian Law

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. Many reservations have their own tribal courts. However, due to the complex...

The One Voice in Foreign Relations Law and the Future of Federal Common Law

Paul B. Stephan | March 28, 2019 | U.S. Foreign Relations Law

AbstractFor most of the past century, those who followed foreign relations law believed that federal law, including that made by the federal courts in the absence of legislation and treaties, should govern the field. Anything else would burden political and economic...

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