Right of Indigenous Peoples

Rights of Indigenous Peoples

Title	Published Date	Author
Mau Forest Evictions in Kenya: How an International Tribunal's Affirmation of Indigenous Rights Differs from Federal Indian Law in the United States	02 April 2025	Trent Wallace
Free Exercise Claims over Indigenous Sacred Sites: Justice Long Overdue	12 October 2024	Anna Sonju
Indian Boarding Schools, Indian Child Welfare Act and Legal Scholarship (Searchable Database)	18 January 2024	Vernellia Randall
Tsilhqot'in Nation and Interjurisdictional Immunity: When Are Judicial Decisions Involving Indigenous Claims Retroactive? in Canada	15 November 2023	Kent McNeil
Congress' Power to Affirm Indian Citizenship Through Legislation Protecting Native American Voting Rights	13 November 2023	Torey Dolan
Restorative Justice for Indigenous Culture	15 October 2023	Trevor Reed
Burning Questions: Changing Legal Narratives on Cannabis in Indian Country	13 September 2023	Sam J. Carter and Robin M. Rotman
Protecting Native American Gravesites	16 August 2023	Tracy Feldman
The Sacred and the Profaned: Protection of Native American Sacred Places That Have Been Desecrated	12 August 2023	Michael D. McNally
Indigenous Rights, Investor-State Disputes, and Canadian Law	16 July 2023	Pete Heidepriem
Constitutionality of Reparations for Native Americans: Confronting the Boarding Schools	15 July 2023	Monica Shaffer
Are We Atoning for Our past or Creating More Problems: How Covid-19 Legislative Relief Laws Are Shaping the Identities of Indigenous Populations in North America	02 July 2023	Samuel Kramer
Blockchains and Environmental Self-determination for the Native Hawaiian People: Toward Restorative Stewardship of Indigenous Lands	27 October 2022	MJ Palau-McDonald
Indigenous Subjects: Race versus Ancestry	20 August 2022	Addie C. Rolnick
Taxes, Taxpayers, and Settler Colonialism: Toward a Critical Fiscal Sociology of Tax as White Property	29 March 2022	Kyle Willmott
Going off the Rails on the Mayan Train: How Amlo's Development Project Is on a Fast Track to Multiple Violations of Indigenous Rights	20 December 2021	Jared Green
A Human Face to Instream Flow: Indigenous Rights to Water for Salmon and Fisheries	11 October 2021	Paul Stanton Kibel
The Politics of the Adoption Of Indigenous Children	16 June 2021	Springer Nature Switzerland AG
When Drills and Pipelines Cross Indigenous Lands in the Americas	16 June 2021	Guillermo J. Garcia Sanchez
Indigenous Dignity and the Right to Be Forgotten	15 June 2021	Trevor Reed
The Reasonable Indigenous Youth Standard	13 June 2021	Ian F. Tapu
The Missing Indian Affairs Clause	13 March 2021	Lorianne Updike Toler
Repatriation of Sacred Native American Cultural Belongings from Historical Racism	24 September 2020	Robert Alan Hershey
You're on Native Land: the Genocide Convention, Cultural Genocide, and Prevention of Indigenous Land Takings	12 July 2020	Bonnie St. Charles
Not Yet America's Best Idea: Law, Inequality, and Grand Canyon National Park	13 April 2020	Sarah Krakoff
A Continuing Search for Alaska Native Fishing Rights after The Alaska Native Claims Settlement Act (ANCSA)	17 December 2019	Robert T. Anderson
The Human Rights of Indigenous Peoples	04 December 2019	The People's Movement for Human Rights Education
Conceptualizing Indigenous Historical Justice Toward a Mutual Reconciliation with State in Taiwan	14 November 2019	Awi Mona (Chih-Wei Tsai)
Re-Imagining Indigenous Peoples' Role in Natural Resource Development Decision Making: Implementing Free, Prior and Informed Consent in Canada through Indigenous Legal Traditions	08 November 2019	Grace Nosek
The Indigenous McClain Doctrine: A New Legal Tool to Protect Cultural Patrimony and the Right to Self-determination	20 October 2019	Matthew H. Birkhold
Beyond VAWA: Protecting Native Women from Sexual Violence Within Existing Tribal Jurisdictional Structures	17 February 2019	Jessica Allison
Rights of Indigenous People of the US	24 March 2012	Vernellia Randall
Treaties as a Tool for Native American Land Reparations	14 August 2023	Hannah Friedle
Indian Treaty Law: Analyzing the Implications of the Supreme Court's Holding in Herrera V. Wyoming	14 September 2020	Andrew Rader
Decolonization: Treaties, Resource Use, and Environmental Conservation	11 April 2020	Gerald Torres
2015 Acknowledgement Regulations Invalidate Native American Treaties	21 August 2019	Bart T. Stupak and Justin Nemeroff
Herrera v. Wyoming (Supreme Court 2019)	21 May 2019	United States Supreme Court
Treaty with the Chippewa	24 March 2012	Vernellia Randall
Five Linguistic Methods for Revitalizing Indigenous Laws	15 February 2024	Naiomi Walqwan Metallic
Interest Convergence and the Indian Claims Commission	09 September 2022	Patrick Derocher
The Court of Indian Appeals: America's Forgotten Federal Appellate Court	17 September 2020	Gregory D. Smith and Bailee L. Plemmons
Tribal Rights: The 1872 Mining Law's Past and Future	16 March 2020	Michael Lopez
Examining the Administrative Unworkability of Final Agency Action Doctrine as Applied to the Native American Graves Protection and Repatriation Act	20 August 2019	Adam Gerken
From Foundational Law to Limiting Principles in Federal Indian Law	26 June 2019	Alex Tallchief Skibine
Failed Protectors: The Indian Trust and Killers of the Flower Moon	17 May 2019	Matthew L.M. Fletcher
Racial Anxieties in Adoption: Reflections on Adoptive Couple, White Parenthood, and Constitutional Challenges to the ICWA	04 October 2018	Addie Rolnick and Kim Pearson
Separate Sovereigns, Civil Rights, and the Sacred Text: the Legacy of Justice Thurgood Marshall's Indian Law Jurisprudence	01 July 2018	Rebecca Tsosie
Indian Tribes: Evolving into Nationhood	06 April 2013	Matthew L.M. Fletcher
Native Americans: Law and Policies	03 April 2012
Allotment Act of 1891	26 August 2011	ACT OF 1891
Dawes Act 1887	26 August 2011	Dawes Act 1887
Indian Removal Act (1830)	26 August 2011	Indian Removal Act (1830)
Indigenous Boarding Schools in the United States and Canada: Potential Issues and Opportunities for Redress as the United States Government Initiates Formal Investigation	17 July 2023	Keiteyana I. Parks
Finding Harmony or Swimming in the Void: the Unavoidable Conflict Between the Interstate Compact on the Placement of Children and the Indian Child Welfare Act	24 April 2019	Neoshia R. Roemer
The Politics of Inclusion: Indigenous Peoples and U.S.Citizenship	26 December 2018	Rebecca Tsosie
The Indian Boarding School Era and its Continuing Impact on Tribal Families and the Provision of Government Services	19 June 2018	Ann Murray Haag
Wintertime for the Sisseton-wahpeton Oyate: Over One Hundred Fifty Years of Human Rights Violations by the United States and the Need for a Reconciliation Involving International Indigenous Human Rights Norms	21 March 2013	Angelique Townsend Eaglewoman
Bringing Jim Thorpe Home: Inconsistencies in the Native American Graves and Repatriation Act	19 March 2013	Benjamin Hochberg
Colonial Calibrations: The Expendability of Minnesota's Original People	14 March 2013	Waziyatawin
The Use of the Alaskan Native Claims Settlement Act to Justify Disparate Treatment of Alaska's Tribes	29 January 2013	Natalie Landreth and Erin Dougher
Indigenous Peoples and Epistemic Injustice: Science, Ethics, and Human Rights	18 January 2013	Rebecca Tsosie
Inextricably Political: Race, Membership, and Tribal Sovereignty	17 January 2013	Sarah Krakoff
Tribal Consent>	25 May 2012	Matthew L.M. Fletcher
Annotated Bibliography: Native American Land Rights	24 April 2012	Student (Spring 2012)
The US and the Crime of Genocide Against Native Americans	23 April 2012	Lindsay Glauner
A Brief History of Indian Law and Policy	20 April 2012
Law Review Articles on American Indian Issues	17 April 2012	Vernellia Randall
We Live on Their Land	04 April 2012	Anthony Peirson Xavier Bothwell
Tribal Sovereign Status and Executive Order	04 April 2012	Vicki J. Limas
The Land is Itself a Sacred Living Being	04 April 2012	Joel Brady
Native American Graves Protection Act	04 April 2012	Renee Kosslak
Protecting Native Americans: The Tribe as Parens Patriae	04 April 2012	Cami Fraser
Justice for Native Americans Requires Returning to Our Constitutional Origins	03 April 2012	Larry EchoHawk
Incorporative Discourse in Federal Indian Law	02 April 2012	N. Bruce Duthu
Reflections on a Fundamental Aspect of American Indian Sovereignty	24 March 2012	Andrea M. Seielstad
Violation of Human Rights of Native Americans	24 March 2012	Vernellia Randall
Western Shoshone National Council and CERD	24 March 2012	CERD
The Demise of the Ongwehoweh	26 August 2011	Robert B. Porter
Native Sense - Marshall Triology	26 August 2011	jmccanna@nativesense.com
Contested Meanings: Native American Grave Protection Laws	26 August 2011	Suzianne D. Painter-Thorne
Indian Redress	26 August 2011	William Bradford
A Bird's Eye View of Native American Law	26 August 2011	Steven Paul McSloy
Museum Provisions of The Native American Graves Protection and Repatriation Act	26 August 2011	Robert Travis Willingham
Federal Recognition as a Native American Tribe	26 August 2011	Marisa Katz
The Split from Precedent: An Analysis of the Negative Impact Oklahoma v. Castro-Huerta Will Have in Indian Country	24 March 2025	Meg A. Bloom
Article IV and Indian Tribes	23 March 2025	Grant Christensen
Not “Indian” Enough: Freedmen, Jurisdiction, and Equal Protection	15 March 2025	Ted Shepherd
Strange Bedfellows: States, Tribes, and Water Rights	14 March 2025	Ada Montague Stepleton and Sapphire Carter
Evolving Sovereignty Relationships Between Affiliated Jurisdictions: Lessons for Native American Jurisdictions	12 July 2024	Vaughan Carter, Charlotte Ku and Andrew P. Morriss
Intertribal: The Unheralded Element in Indigenous Wildlife Sovereignty	15 May 2024	Bethany R. Berger
Banishing Federal Overstep: Why Protecting Tribal Sovereignty Justifies a Narrow Reading of the Indian Civil Rights Act	17 April 2024	Randa Larsen
A New Moment for Indian Water Rights Settlements	13 April 2024	Max Clayton
The Specter of Indian Removal: the Persistence of State Supremacy Arguments in Federal Indian Law	12 February 2024	W. Tanner Allread
Sovereignty (Indian and Native Hawaiian) and Legal Scholarship (Searchable Database)	16 January 2024	Vernellia Randall
Too Much History: Castro-huerta and the Problem of Change in Indian Law	13 January 2024	Gregory Ablavsky
American Givers: How the Reneging of the Federal Trust Responsibility Impacts Indian Gaming and Continues America's Apathetic Oppression of Native Americans	09 December 2023	Steven Isaacs
No Settled Law on Settled Land: Legal Struggles for Native American Land and Sovereignty Rights	16 November 2023	Laura Waldman
Returning the Land: Native Americans and National Parks	14 September 2023	Brett G. Roberts
Restoring Indian Reservation Status: An Empirical Analysis	16 June 2023	Michael K. Velchik and Jeffery Y. Zhang
Commerce with the Indian Tribes: Original Meanings, Current Implications	13 May 2023	Jeremy Rabkin
Federal Policies Trap Tribes in Poverty	16 April 2023	Adam Crepelle
Bringing Congress and Indians Back into Federal Indian Law: the Restatement of the Law of American Indians	11 February 2023	Kirsten Matoy Carlson
Justice as Healing: Native Nations and Reconciliation	12 November 2022	Rebecca Tsosie
Toward Tribal Health Sovereignty	14 July 2022	Aila Hoss
Meeting the Mcgirt Moment: The Five Tribes, Sovereignty & Criminal Jurisdiction in Oklahoma's New Indian Country	16 June 2022	Adam Goodrum
Mcgirt and Tribal Sovereignty: Putting Jurisdictional Power Back in the Hands of Indigenous Peoples	15 June 2022	P. Carter Farrell
Fanon, Colonial Violence, and Racist Language in Federal American Indian Law	14 June 2022	Joubin Khazaie
A Case for Deference in American Indian Health Law	11 June 2022	Ashley Murphy
Are You NativeAmerican?	11 June 2022	Avery Locklear
For Freedmen's Sake: The Story of the Native Blacks of the Muscogee Nation and Their Fight for Citizenship Post-Mcgirt	05 June 2022	Trevion Freeman
It's None of Your Business: State Regulation of Tribal Businesses Undermines Sovereignty and Justice	12 April 2022	Sam J. Carter and Robin M. Rotman
The Time Trap: Addressing the Stereotypes That Undermine Tribal Sovereignty	11 April 2022	Adam Crepelle
Taking Stock: Open Questions and Unfinished Business under the VAWA [Violence Against Women Reauthorization Act] Amendments to the Indian Civil Rights Act	09 April 2022	Jordan Gross
Finding Ways to Empower Tribal Oil Production	13 March 2022	Adam Crepelle
Legal Barriers to Tribal Jurisdiction over Violence Against Women in Maine: Developments and Paths Forward	16 September 2021	Nina Ciffolillo
Pushing Past the Pandemic: Re-evaluating Tribal Exemptions to Medicaid Work Requirements	12 September 2021	Kathrin Lozah
Bridges to a New Era: A Report on the Past, Present, and Potential Future of Tribal Co-management on Federal Public Lands	11 September 2021	Monte Mills and Martin Nie
The Tribal Right to Exclude Others from Indian-owned Lands	11 September 2021	Alex Tallchief Skibine
The Execution of Lezmond Mitchell: An Analysis of Federal Indian Law, Criminal Jurisdiction, and the Death Penalty as Applied to Native Americans	03 August 2021	Mary Margaret L. Kirchner
Bankrupting Tribes: An Examination of Tribal Sovereign Immunity as Reparation in the Context of Section 106(a)	12 June 2021	Joshua Santangelo
Incorporation by Any Other Name? Comparing Congress' Federalization of Tribal Court Criminal Procedure with the Supreme Court's Regulation of State Courts	10 April 2021	Jordan Gross
A Meeting of the Minds: Utilizing Maine's State Education System to Promote the Success of its Native Students While Maintaining Tribal Sovereignty	14 November 2020	Jordan Ramharter
“Magic Words” and Original Understanding: an Amplified Clear Statement Rule to Abrogate Tribal Sovereign Immunity	14 November 2020	Justin W. Aimonetti
Welcome to the Maze: Race, Justice, and Jurisdiction in Mcgirt V. Oklahoma	14 September 2020	Elizabeth A. Reese
Using Game Theory to Better Understand the Role of the U.S. Supreme Court in the Catastrophe That Befell American Indians in Georgia	13 September 2020	Todd B. Adams
Bridging the Jurisdictional Void: Cross-deputization Agreements in Indian Country	19 December 2019	Kevin Morrow
The Changing Landscape of Federal Indian Policy	15 December 2019	Kevin K. Washburn
The Story of New York's Federal-State-Tribal Courts and Indian Nations Justice Forum	25 September 2019	Marcy L. Kahn
Sovereign Metaphors in Indian Law	26 June 2019	Gregory Ablavsky
New York's Quest for Jurisdiction over Indian Lands	22 June 2019	Carrie Garrow
Worcester V. Georgia: A Breakdown in the Separation of Powers	01 June 2019	Matthew L. Sundquist
Worcester v. Georgia (1832)	30 May 2019	Supreme Court of the United States
The Reports of Our Death Are Greatly Exaggerated--Reflections on the Resilience of the Oneida Indian Nation of New York	17 May 2019	Allison M. Dussias
Tribal (De)termination? Commercial Speech, Native American Imagery and Cultural Sovereignty	19 April 2019	Jason Zenor
Multiculturalism and the Future of Tribal Sovereignty	26 December 2018	Scott C. Idleman
Redressing the Genocidal Act of Forcing American Citizenship upon Indigenous Peoples	26 December 2018	Robert B. Porter
Columbus's Legacy: Law as an Instrument of Racial Discrimination Against Indigenous Peoples' Rights of Self-determination	23 December 2018	Robert A. Williams, Jr.
Return to Worcester: Dollar General and the Restoration of Tribal Jurisdiction to Protect Native Women and Children	18 September 2018	Sarah Deer and Mary Kathryn Nagle

Subcategories

Treaties related to Indigenous Peoples 6

Law related to Indigenous Peoples 14

Articles related to Indigenous Peoples 32

Tribal Sovereignty 54

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Race, Racism and the Law
Vernellia R. Randall
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