The latest issue focuses on Indian law and discusses recent cases before, or soon to be argued before, the Supreme Court.
The University of Arizona James E. Rogers College of Law and the National Institute for Trial Advocacy (NITA) and have released the Winter 2023 issue of the Journal of Appellate Practice and Process. The issue has a special focus on Indian law and discusses recent cases before, or soon to be argued before, the Supreme Court of the United States.
The issue opens with a look at the oft-sporadic development of tribal precedent, before moving onto articles that examine the challenges to the Indian Child Welfare Act (ICWA) currently pending before the Supreme Court; federal regulation of the use of eagle feathers by Native tribes; recommendations that would protect Native sacred sites and religious freedom; and a book review highlighting some of the most influential pieces of Native law scholarship over the past 50 years. Rounding out this issue is a transcript of a panel discussion of Native law professors about Oklahoma v. Castro-Huerta’s impact on Indian law and tribal sovereignty.
The issue’s contributors are Barbara Ann Atwood, Judge Pro Tem of the Tohono O’odham Nation and Professor Emerita at the University of Arizona James E. Rogers College of Law; Derrick Beetso, Arizona State University Sandra Day O’Connor College of Law; Adèle Auxier Keim, Becket Fund for Religious Liberty; Chief Justice Todd R. Matha, Ho-Chunk Nation Supreme Court; Neoshia R. Roemer, University of Idaho College of Law; and Victoria Sutton, enrolled citizen of the Lumbee Indian Nation and Professor of Law at Texas Tech University School of Law. Beetso, who is a member of the Navajo Nation, moderated a panel comprised of Stacy Leeds, Dean and Regents Professor of Law at the Arizona State University Sandra Day O’Connor College of Law and former Justice of the Cherokee Nation Supreme Court; Robert Miller, enrolled citizen of the Eastern Shawnee Tribe, Chief Justice of the Pascua Yaqui Tribe Court of Appeals, and Professor of Law at the University of Arizona Sandra Day O’Connor College of Law; and Kevin Washburn, citizen of the Chickasaw Nation of Oklahoma and Dean of the Iowa College of Law.
Journal Editor-in-Chief and contributor Tessa L. Dysart said, “This special issue is dedicated to the work of the approximately 400 tribal court systems in our country. While many judges and practitioners are familiar with the work of state and federal courts, they may not be aware of the excellent and innovative work done by Native judiciaries. Nor are they often aware of the complicated legal issues facing Indian country and members of Native Nations—all important matters that I hope will be brought to light in this issue of The Journal.” Dysart serves as the assistant director of legal writing and clinical professor of law at University of Arizona Law and is a member of the Muscogee (Creek) Nation.
Read the Winter 2023 issue here.