Alec F. Mouser explores how the Supreme Court's decision in McGirt v. Oklahoma might affect the scope of environmental rights in Indian treaties.
Tag: american indian law
Elizabeth Reese contextualizes McGirt v. Oklahoma as a potential game-changer for jurisdictional disputes between the United States and Native American tribes.
The Fifth Circuit Court of Appeals announced on November 7 that it will rehear a case called Brackeen v. Bernhardt that weighs the constitutionality of the Indian Child Welfare Act (ICWA). Adopted in 1978, ICWA was written in response to concerns that Native American children were being unjustly taken from their parents by social workers … Continue reading Fifth Circuit Will Reconsider Constitutionality of ICWA’s Race-Based Burdens by Timothy Sandefur