The Constitution of Difference
Response to The Constitution of American Colonialism
Vol. 137 No. 3
The result of what has been said is that whilst in an international sense Porto Rico was not a foreign country, since it was...
Federal Indian Law
The Constitution of American Colonialism
Vol. 137 No. 1
For my part I am not prepared for citizenship in the United States. I do not want it. . . . It takes greed of gain...
Before Mine!: Indigenous Property Rights for Jagenagenon
Vol. 136 No. 8
Introduction Many of our most basic rights and fundamental freedoms — securing bodily autonomy, patenting inventions, maintaining authority over who (and what) can live inside our...
Silva v. Farrish
Second Circuit Confirms Exception to Sovereign Immunity for Tribal Claims Relating to Land and Fishing Rights.
Vol. 136 No. 7
Denezpi v. United States
Vol. 136 No. 1
The Fifth Amendment’s Double Jeopardy Clause protects criminal defendants from facing two prosecutions for the “same offence.” Under the dual-sovereignty doctrine, the Supreme Court...
Ysleta del Sur Pueblo v. Texas
Vol. 136 No. 1
It is hornbook law that “standard principles of statutory interpretation do not have their usual force in cases involving Indian law.” The Indian canons...
Indigenous Interpretations: Invoking the Third Indian Canon to Combat Climate Change
Chapter Two
Vol. 135 No. 6
Living The Sacred: Indigenous Peoples and Religious Freedom
Vol. 134 No. 6
Introduction In recent years, the Supreme Court has shown solicitude for religious freedom claims arising under the First Amendment and federal statutes. Cases expanding...
Oneida Nation v. Village of Hobart
Seventh Circuit Holds that Oneida Nation Remains Intact.
Vol. 134 No. 4
Herrera v. Wyoming
Vol. 133 No. 1
As the United States expanded and its territories received statehood, questions naturally emerged about how the nature of relationships between the territories and Indian...