By: Natalia Sells The policy of Indian law has been transformed, destroyed, shifted, and rewritten throughout United States history. As it has been enumerated over and over again, the Supreme Court has held that Congress has plenary power over tribes. The Court has interpreted and reinterpreted what the Constitution and congressional acts mean in regards … Continue reading Criminal Jurisdiction is a Bit of a Mess in Indian Country, but There Is Hope
Arizona v. Navajo Nation: Does the Government Have a Duty to Provide Water?
By: Tyler Shappee The Supreme Court is set to hear a case that will affect the Navajo Nation, located largely in northeastern Arizona. The Court granted certiorari on November 4, 2022, consolidated the case as Arizona v. Navajo Nation, and has scheduled oral argument for March 20, 2023. While this suit began in 2003, its … Continue reading Arizona v. Navajo Nation: Does the Government Have a Duty to Provide Water?
Proving Indigeneity Through Blood Quantum
By: Maryam Salazar “Who is your family?” In Native communities, this is an all too familiar question asked by other members of the Tribe to orient themselves and their relationship to each other. It also allows an individual to orient themselves and their identity within their own community. However, the federal government instead requires Tribes … Continue reading Proving Indigeneity Through Blood Quantum
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? †
Law Journal for Social Justice 