Tagindigenous

The Wrongful Death of an Indian: A Tribe’s Right to Object to the Death Penalty

Abstract This Essay responds to the execution of Lezmond Mitchell, the only American Indian on federal death row.  The execution was carried out on August 26, 2020 over the objection of both members of the victims’ family and the Navajo Nation.  This Essay takes the clear position that because the Federal Death Penalty Act of 1994 requires tribal consent to seek the death penalty for murder, or...

When Contact Kills: Indigenous Peoples Living in Voluntary Isolation During COVID

Abstract During the global pandemic, people around the world are at risk of serious illness and death from contact and proximity to other people.  But Indigenous peoples, particularly those in voluntary isolation, have always faced that risk.  International organizations have relied on the right to self-determination as the primary legal grounds to justify the principle of no-contact for...