The Next Century of Federal Indian Law: A Moderator's Reflections

The future of federal Indian law need not be left to happenstance. It can be shaped through the conscious efforts of its practitioners. A constellation of factors are aligned to make tribal self-determination the enduring goal of the law, but...

The Tenth Justice Lost in Indian Country

The solicitor general, sometimes referred to as the “tenth justice,” is the person that has the most influence with the Supreme Court but is not a sitting justice.

The Insular Cases: A Comparative Historical Study of Puerto Rico, Hawai‘i, and the Philippines

In 1898, the United States became an overseas empire. With the signing of the Treaty of Paris ending the Spanish-American War, the former Spanish territories of Guam and the Philippines in the Pacific Ocean and Puerto Rico in the Atlantic Ocean came under the American flag. Simultaneously, the Republic of Hawai‘i, by way of treaty, relinquished its sovereignty in exchange for territorial status by virtue of what is commonly known as the Newlands Resolution.

The Promise of the Tribal Law and Order Act

The Tribal Law and Order Act is a new, broad, and comprehensive legislative package that attempts to improve the criminal justice system in Indian country. Whether, in the eyes of our nation’s indigenous people, the act actually fulfills its promise remains to be seen.

United States v. Jicarilla Apache Nation: The Executive Branch’s Latest Effort to Repudiate Federal Trust Duties to Indians

Federal officials often speak publicly about respect for their fiduciary relationship with Indians. However, when called to account for failing to fulfill those trust duties, the executive branch often seeks to avoid responsibility.


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