American Indian Law Review

American Indian Law Review is a student-edited scholarly journal focusing on American Indian law and related legal issues concerning Native American people, Alaska Natives, and Native Hawaiians. Established in the early 1970s, the journal serves as a forum for litigation analysis, statutory interpretation, and policy discussion involving landmark cases and statutes involving indigenous rights. It engages practitioners, judges, scholars, and tribal leaders from across the United States and often intersects with federal agencies, tribal governments, and national litigation.

History

The journal was founded in 1973 at the University of Oklahoma College of Law amid a wave of litigation following the Indian Self-Determination and Education Assistance Act and the Indian Civil Rights Act of 1968. Early contributors commented on precedent from the Supreme Court of the United States, including cases such as Worcester v. Georgia, United States v. Kagama, and later decisions like United States v. Sioux Nation of Indians. The journal chronicled developments in federal statutes such as the Indian Child Welfare Act, the Indian Reorganization Act, and administrative actions by the Bureau of Indian Affairs. Over decades the publication tracked regional disputes like the Black Hills litigation, the Oliphant v. Suquamish Indian Tribe framework, and tribal-state compacts exemplified by negotiations with entities such as the Oklahoma Indian Gaming Association and the National Congress of American Indians.

Editorial Structure and Membership

The review is student-run by members from the University of Oklahoma College of Law who are selected through writing competitions and academic achievement, mirroring procedures used by journals such as the Yale Law Journal and the Harvard Law Review. Leadership includes an executive board with positions comparable to those in other flagship law journals such as the Columbia Law Review and the Stanford Law Review. Membership often includes students with clerkship aspirations to courts like the Tenth Circuit Court of Appeals and the Oklahoma Supreme Court, and who pursue internships at institutions including the Native American Rights Fund, the Department of the Interior, and tribal courts of the Cherokee Nation and the Osage Nation. Alumni have gone on to clerk for judges on the United States Court of Appeals for the Federal Circuit, serve in administrations like the Clinton administration and the Obama administration, or work with advocacy groups such as the Indian Law Resource Center.

Publication and Content

The review publishes four issues annually featuring articles by scholars from institutions like Harvard Law School, University of California, Berkeley School of Law, and University of Michigan Law School, alongside practitioner notes from litigators at firms such as Covington & Burling and public interest organizations like the Native American Rights Fund. Content covers topics involving treaties such as the Treaty of Guadalupe Hidalgo implications, statutes like the Indian Gaming Regulatory Act, and case law including decisions from the United States Supreme Court and tribal appellate panels. The journal also prints book reviews addressing works published by presses like the University of Oklahoma Press and the Oxford University Press, and features commentary on commissions such as the Commission on Indian Trust Administration and Reform.

Impact and Notable Articles

Articles published in the review have been cited by judges in opinions of the Supreme Court of the United States, by jurists in the Eighth Circuit Court of Appeals and by tribal appellate authorities in the Navajo Nation. Notable contributions analyzed landmark cases such as McGirt v. Oklahoma and Bryan v. Itasca County, and assessments of statutory frameworks like the Indian Child Welfare Act enforcement and the Major Crimes Act application. Authors have included scholars affiliated with the University of Arizona James E. Rogers College of Law, the University of New Mexico School of Law, and the University of Washington School of Law, as well as advocates from the Native American Rights Fund and policymakers from the Department of Justice. The review’s work influenced amicus briefs filed in prominent litigation before the Supreme Court of the United States and informed testimony before congressional committees such as the United States Senate Committee on Indian Affairs.

Symposia, Events, and Outreach

The review hosts annual symposia and panels that bring together participants from tribal nations such as the Choctaw Nation of Oklahoma, the Cherokee Nation, and the Muscogee (Creek) Nation with scholars from institutions like Yale Law School and practitioners from firms including Arnold & Porter. Events often address topics including tribal sovereignty, jurisdictional disputes exemplified by the Montana v. United States line of cases, and natural resource issues touching on regions like the Mississippi River basin and the Great Plains. Outreach includes collaborations with organizations such as the National Congress of American Indians and the National Indian Law Library to support education, continuing legal education for tribal attorneys, and student scholarships tied to litigation clinics and externships at entities like the Indian Health Service.

Category:Law journals Category:Native American law