Topic
Federal Indian Law
Posts
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ArticleVol. 102 · Iss. 6
Citizenship and Empire in Elk v. Wilkins
In 1884, the Supreme Court held that the Fourteenth Amendment’s guarantee of birthright citizenship did not apply to Native Americans. In Elk v. Wilkins,…
Alexandra Fay -
ArticleVol. 102 · Iss. 5
Judicial Imperialism: The Supreme Court’s Assault on Tribal Sovereignty and the Rule of Law
The post-1970s Supreme Court has abandoned precedents supporting tribal self-governance and devised new theories to strip tribes of sovereign powers. The Supreme Court’s assault…
Adam Crepelle -
NoteVol. 94 · Iss. 4
Digitizing Tribal Law: How Codification Projects such as Tribal Law Online could give New Rise to American Indian Sovereignty
“Today, in the United States, we have three types of sovereign entities– the Federal government, the States, and the Indian tribes.” The oft- forgotten…
Jacob Franchek -
NoteVol. 93 · Iss. 6
Why Obergefell Should Not Impact Amerian Indian Tribal Marriage Laws
This Note explores what Obergefell means for members of American Indian nations, and it argues that Obergefell should not constrain tribal governments. Part I…
Steven J. Alagna -
ArticleVol. 97 · Iss. 1
The Indigenous McClain Doctrine: A New Legal Tool to Protect Cultural Patrimony and the Right to Self-Determination
In December 2010, the United States endorsed the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which obligates the United States to…
Matthew Birkhold