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Tribal Powers over Nonmembers – Part 1

Matthew L.M. Fletcher, Wenona T. Singel, Kaighn Smith, Jr. and Jennifer Morinigo | April 17, 2018 | American Indian Law

In the American Indian Law project draft that will be presented at the 2018 Annual Meeting, two Sections deal with tribal powers over nonmembers – § 34, Civil Regulatory and Adjudicatory Authority over Nonmembers and § 35, Tribal-Court Exhaustion Rule. This is the...

Senate bills would expand tribal jurisdiction

Scott McKie | April 16, 2018 | American Indian Law

Language in a bill currently going through the Senate states, “Congress finds that American Indian children and Alaska Native children experience PTSD at a rate of 22 percent, which is the same rate at which Afghanistan and Iraq war veterans experience PTSD.”  Several...

When Patents are Sovereigns: The Competitive Harms of Leasing Tribal Immunity

Cecilia Cheng and Theodore T. Lee | March 26, 2018 | American Indian Law

Under the Hatch-Waxman and America Invents Acts, Congress has established a system for judicial and administrative review of prescription-drug patents that balances exclusive rights for patent holders and the entry of generic competitors. Threatening this balance, the...

Congressional Power and Sovereignty in Indian Affairs

Michalyn Steele | February 28, 2018 | American Indian Law

The doctrine of inherent tribal sovereignty — that tribes retain aboriginal sovereign governing power over people and territory — is under perpetual assault. Despite two centuries of precedential foundation, the doctrine must be defended afresh with each attack....

Securing Equal Access to the Ballot for Native Americans

Kaitlyn Schaeffer | February 8, 2018 | American Indian Law

Introduction Native Americans, like other minority groups, face racially motivated disenfranchisement efforts. Watershed victories for equal access to the ballot – including the passage of the Fifteenth Amendment and the Nineteenth Amendment – did not affect Native...
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