American Indian Law

Online
Essay
There’s Something Fishy About McGirt: The Decision’s Hidden Effects on Indian Treaty-Based Fishing Rights in the Pacific Northwest
Alec F. Mouser
Alec F. Mouser is a Comments Editor for The University of Chicago Law Review and is a J.D. Candidate in the University of Chicago Law School Class of 2022. He received his B.A. in 2019 from William & Mary, where he studied History and Government.

He is grateful to Jim Westwood and Brad Grenham for their helpful comments and support, and to Tamara Skinner, Alex Meade, and Candice Yandam Riviere for their edits.

The Supreme Court’s recent decision in McGirt v. Oklahoma (2020) sent a shockwave across the country as commentators began to consider what consequences could result from effectively declaring half of Oklahoma to be within an Indian reservation.

Online
Essay
Welcome to the Maze: Race, Justice, and Jurisdiction in McGirt v. Oklahoma
Elizabeth Reese
Elizabeth Reese (Yunpoví) is a Bigelow Fellow & Lecturer in Law at the University of Chicago Law School. Relevant to this piece, she spent a year at the National Congress of American Indians serving as the Department of Justice’s technical assistance provider to tribal governments as they implemented expanded criminal jurisdiction under VAWA 2013. She is tribally enrolled at the Pueblo of Nambé.

The morning of July 9th, American Indian tribal citizens and non-Indian residents of eastern Oklahoma woke up and experienced a similar shock.

Online
Essay
Fifth Circuit Will Reconsider Constitutionality of ICWA’s Race-Based Burdens
Timothy Sandefur
Timothy Sandefur is Vice President for Litigation at the Goldwater Institute, and author, most recently, of Recent Developments in Indian Child Welfare Act Litigation: Moving Towards Equal Protection?, 23 Tex Rev L & Pol 425 (2019).

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).