TRIBAL LAW JOURNAL

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Weaving Resistance & Solidarity: Lessons from the National Indigenous Congress of Mexico

By: Alma Buena For Indigenous communities in Mexico, the fight for self-determination is a fight to preserve customs, traditions, and their livelihood. Self-determination refers to the right of Indigenous peoples to self-govern themselves and their territories.[1] Self-governance provides Indigenous communities with the power to manage their own land, resources, and internal laws. When…

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Cherokee Nation v. Nash: Evading the Question of Tribal Enrollment & Race

by Justin Lauriano Introduction In 1866, after the Civil War, the Cherokee Nation, which sided with the Confederacy, had to renegotiate a treaty with the United States.[1] This led to the creation of the Treaty of 1866.[2] In the Treaty of 1866, the Cherokee agreed that former slaves (“freedmen”) “as well as all free colored persons” who were residents in the Cherokee Nation “shall have all the…

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Swinomish Tribal Community v. 2002 BMW: Determining When Civil Forfeitures Violate ICRA’s “Excessive Fines” Clause

By Alejandro Alvarado Introduction Swinomish Tribal Community v. 2002 BMW is a Swinomish Tribal Court decision issued in March 2022 involving a civil forfeiture proceeding where the property owner challenges the tribe’s petition for forfeiture under the “excessive fines” clause of the Indian Civil Rights Act (ICRA). In this case, the Swinomish Tribal Court adopts a balancing test from the…

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Casey v. Muscogee (Creek) Nation: An Examination of the Muscogee (Creek) Nation’s Adoption of the U.S. Supreme Court’s Barker Test

This week's blog post, written by 2L Staff Member Mikayla Ortega-Speight, reflects on the Supreme Court of the Muscogee (Creek) Nation’s decision to adopt the four-factor test from Barker.

By Mikayla Ortega-Speight Introduction In Tulsa County, Oklahoma, on a hot day in mid-June, Brian Scott Casey violated a protective order when he had an altercation with a man that ultimately led to Casey’s arrest and subsequent placement into the Muscogee (Creek) Nation’s custody.[i] Unbeknownst to Casey, that day in mid-June would be his last day of freedom for just over the next 180…

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Public Law 280

By Alicianna Martinez Native American tribal governments are sovereign, self-governing entities. They have the to power to determine their own governance structures, pass laws, and enforce laws through police departments and tribal courts.[1] The ability to self-govern is essential for tribal communities to continue to protect their cultures and identities.[2] Although, one major…

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#Indian Law #Indigenous #public law 280 #Tribal Law Journal

Tribes as International Legal Actors and the International Community's Failed Legal Obligations

Tribes as International Legal Actors and the International Community’s Failed Legal Obligations

By Hannah Tompkins International law is an area that intersects and overlaps with every arena of domestic law. International law is an important lens for human rights and a way that we can look at the rights of indigenous peoples and advocate for stronger protections for tribes. International law is a way for global actors to interact together and solve problems that affect people…

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#Indian Law #Indigenous #International Law #treaties #Treaty law #Tribal Law Journal

The Impact of Covid-19 on Native American Students’ Access to Technology

By William Dunn Native American communities across the country have experienced numerous hardships over the course of the pandemic, ranging from limited access to medical care and other basic needs to extreme isolation for the most vulnerable members. The impact on student education will be felt for years in the future no matter where students sheltered in place, and it will be especially…

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#First Nations #Indigenous #Native American #Tribal Law Journal

Navajos Wear Nikes: A Reservation Life by Jim Kristofic

Book Review By: Brittany Dutton-Leyda I first read the book Navajos Wear Nikes: A Reservation Life by Jim Kristofic in undergrad for a sociology class. I have since re-read it a few times and shared it with my kids because of the captivating storytelling of Navajo culture coming from the perspective of a non-Native. The book is Kristofic’s memoir about his life growing up on the “Rez” in Ganado,…

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Living Relationships

By Bree Barnett The golden light shown across the land, Shadows danced across the mountains as the sun leaned down to kiss the edge of the earth. It was here where the cliffs met like long time lovers, It was here where the rocks made perfect seats to coddle my tired body, and the wind cooled the dysphoria of everyday. The still cool evening air breathes a fresh will of life into your…

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The Four Directions

By Erin Fitz-Gerald The nudge of the dog’s nose lifts my eyes from the page. It is time for the journey home. West to the river the whispered lapping loosens the mind’s hold. A soft whiff draws me further within. Along the north path crow, duck, gull and crane serve as nobles in the bald eagle’s court. We join others and are still. With a slight bow we move on. To the east mountains…

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Jurisdiction Over American Indian Child Custody Cases

By Barbara Ryan The United States Supreme Court will hear arguments about whether the Indian Child Welfare Act (ICWA) is constitutional later this year.[1] The Court may decide to keep the law, modify it or strike it altogether. Before ICWA, child welfare agencies were ignorant or insensitive to cultural differences in child-rearing.[2] Over 75 percent of Indian families living on reservations…

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#Brackeen #Brackeen v. Haaland #ICWA #Indian Child Welfare Act #Indian Law #Indigenous #jurisdiction #Native American #Tribal Law Journal

The Prior Existence, Authority and Necessity of Tribal Customary Law

This week's blog post reflects on the importance of customary law. It was written by 2L Nina Chester who will be taking over as one of our co-editors next year! We are excited to share this piece and to see her leadership moving forward!

by Nina Chester Each Tribal Nation has experienced a unique introduction to settler society. American jurisprudence is a foreign judicial system that was imposed upon Tribal Nations by the United States federal government through regulations promulgated by the Bureau of Indian Affairs.[1] They were called Courts of Indian Offenses or Code of Federal Regulations Courts (CIO/CFR courts).[2] The…

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Peacemaking On the National Stage

By: Erin Fitz-Gerald Editor’s Note: This article reflects on egregious violations of human rights (including genocidal violence) committed by colonial governments and sponsored by the Catholic Church. We welcome dialogue regarding the ideas expressed herein in the comments. Thank you. In the summer of 2021, graves of indigenous students were unearthed in Canada near boarding schools, known as…

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#Canada #First Nations #Healing #Indigenous #Ireland #Mother and Baby Homes #Peacemaking #Residential Schools

Reflection: Juvenile (in)Justice for Indigenous Youth

By: Brittany Dutton-Leyda I spent last summer interning at the United States Attorney’s Office for the District of New Mexico. I have always had an interest in criminal law, specifically defense, but I couldn’t turn down the opportunity to experience complex criminal law in a federal setting. I figured it would give me an opportunity to make sure prosecution wasn’t for me. Although the…

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#Criminal Law #Indian Law #Indigenous #Juvenile #Youth

The Violence Against Women Act and The Necessity to Protect Indigenous Women

By: Bree Barnett Introduction The Violence Against Women Act (VAWA) is once again up for reauthorization in 2021. VAWA has been reauthorized only three times since its enactment in 1994, in hopes of combatting the pervasive crimes that were being committed against women. Since its original passage in the mid-nineties, the act has been somewhat successful, with the overall rate of…

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#Congress #Criminal Law #Indigenous #Native American #VAWA #Women

Uranium Contamination of the Puerco River: 1979 - Present

Uranium Contamination of the Puerco River: 1979 – Present

By: Nina Chester Uranium and uranium mining have been a constant force in my life. Three years before I was born, on July 16, 1979, a uranium mill tailings pond[1] ruptured at the United Nuclear Corporation (UNC) uranium mining operation in Church Rock, New Mexico – 40 miles upstream from my hometown of Lupton, Arizona on the Navajo Nation.[2] The tailings pond released “94 million gallons of…

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#Diné#energy #environment #Indian Law #Indigenous #mining #Navajo #new mexico #Tribal Law Journal #Uranium

Reproductive Justice in Indian Country

By: Barbara Ryan Reproductive justice is on the minds of women from coast to coast, but likely not more than for Native American women living in Texas. Native women face two harsh realities that will have a disproportionate impact on them, their families, and their communities. Native women experience higher rates of sexual violence than any other group[1]and Native populations experience…

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