Abstract To every court to consider its merits, Donald Trump’s order purporting to end birthright citizenship for children born to undocumented parents violates the Fourteenth Amendment. But in Trump v. CASA, the U.S. Supreme Court vacated a...
Abstract There is a sovereignty problem in federal Indian law—namely, that the federal government’s sovereign defenses prevent tribal nations and individual Indian people from realizing justice in the courts. Often, compelling tribal and Indian...
Abstract Within the last five years, the U.S. Supreme Court has taken up several transformative cases affecting Native nations and federal Indian law jurisprudence. The Supreme Court’s decision in Arizona v. Navajo Nation is no different. This...
Abstract This Article examines how tribal law has become a critical tool in advancing Native self- determination and good governance across Indian country. I analyze three key areas of innovation: the incorporation of the United Nations Declaration...
Abstract The United Nations World Intellectual Property Organization (WIPO) held a diplomatic conference in May 2024 where participants adopted a historic new treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge...
Abstract Like the overall well-being of Indigenous peoples, Native reproductive health has been deeply impacted by the direct and collateral consequences of settler colonialism. Today, Natives experience some of the most dire reproductive health...