ICWA and the Threat to Tribal Sovereignty: Some Highlights from the Brackeen v. Haaland Oral Arguments

By: Sophie Staires On November 9, 2022, the Supreme Court heard oral arguments for Brackeen v. Haaland, which challenges the constitutionality of the Indian Child Welfare Act (ICWA). Brackeen was initially brought by a non-Indian couple seeking to adopt a Navajo child, but the consolidated case now includes the state of Texas and multiple tribes. … Continue reading ICWA and the Threat to Tribal Sovereignty: Some Highlights from the Brackeen v. Haaland Oral Arguments

Quantifying the Hopi Tribe’s Water Rights: A Watershed Moment in Indian Water Rights Law, or Business as Usual?

By: Gregory Esser Arizona is the first and only state in the nation to depart from the federal precedent established by the U.S. Supreme Court in 1963 in Arizona v. California for the method of measuring Indian tribes’ federal water rights. [1] On May 25, 2022, the Hopi Tribe in northern Arizona became the first … Continue reading Quantifying the Hopi Tribe’s Water Rights: A Watershed Moment in Indian Water Rights Law, or Business as Usual?

Carefully Curated Snippets: Oklahoma v. Castro-Huerta

By: Ashleigh Fixico On June 29, 2022, the Supreme Court of the United States failed to uphold the integrity of the judiciary when it decided Oklahoma v. Castro-Huerta. [1] Instead of relying on long-established rules that provided clear answers to the question at issue, the Court chose “carefully curated snippets” to justify the answer it … Continue reading Carefully Curated Snippets: Oklahoma v. Castro-Huerta

Who’s Really Behind Brackeen v. Haaland?: The conspiracy that a law firm and Big Oil are duplicitously undermining tribal sovereignty through Native children.

By: Brittany Habbart On February 28, the U.S. Supreme Court announced they will hear Brackeen v. Haaland, a lawsuit challenging the Indian Child Welfare Act (ICWA).[1] ICWA is an important piece of legislation that protects American Indian and Alaska Native children from being separated from their family and culture.[2] The Brackeens, the white adoptive parents … Continue reading Who’s Really Behind Brackeen v. Haaland?: The conspiracy that a law firm and Big Oil are duplicitously undermining tribal sovereignty through Native children.

Cannabis at the Casino: Another High Stakes Game

By: Ashleigh Fixico In 2020, the Smart and Safe Arizona Act (“Prop 207”) legalized the production, sale, possession, and consumption of recreational marijuana for adults throughout the state. Prop 207 not only permits adults over the age of 21 to lawfully possess and use specific quantities of cannabis, but it also establishes an expungement process … Continue reading Cannabis at the Casino: Another High Stakes Game