Category Archives: Indian Law

Nazi Germany and American Indians

On Tuesday, I published an op-ed in the Indian Country Today newspaper. Recently, I have begun researching how, and how much, Nazi scholars, lawyers, and party officials were influenced by United States race law and U.S. Indian law when they … Continue reading

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The 10 elements of the Doctrine of Discovery: The International Law of Colonialism

I recently published this very short article in a journal from UCLA. I set out what I think are the elements or factors that the United States Supreme Court used in 1823 to define what the Doctrine of Discovery means … Continue reading

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Crow Nation Treaty Rights Upheld by Supreme Court

I was interviewed for 30 minutes over Skype and it has been posted on YouTube by Jordan Chariton the host of the web page Status Coup. We talked about the May 20 Supreme Court case in which the Crow Nation’s 1868 treaty hunting … Continue reading

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Eastern Shawnee Tribe and law

Here’s a chapter I wrote in the 2017 book about my tribe.  You can download it for free at:  https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2875892 Tribal, Federal, and State Laws Impacting the Eastern Shawnee Tribe, 1812 to 1945 The Eastern Shawnee Tribe of Oklahoma: Resilience … Continue reading

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Same sex marriage in the Navajo Nation

The Arizona Republic published an interesting article on Sunday Nov. 2, at A12, about whether the Navajo Nation might change its position and begin recognizing same sex marriages. In 2005, the Nation enacted the Dine Marriage Act that defined marriage … Continue reading

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Klamath Tribes invoke water rights

Big news in Oregon water issues is the fact that the Klamath Tribes are exercising their water rights and the federal government will support those rights by limiting irrigation water to cattle ranchers and farmers in the Klamath basin this summer.  … Continue reading

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U.S. Supreme Court decides Indian Child Welfare Act case

On June 25, the Supreme Court decided only its second case interpreting the Indian Child Welfare Act (ICWA) (in 1989 the Court strongly upheld the Act in Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (1989)). In the 2013 … Continue reading

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