Lauren van Schilfgaarde

In this next installment of 'Law Review With You 🫵,' @VanSchilfgaarde, assistant professor of law at @UCLA Law, distills her @arizlrev article, '(Un)Vanishing the Tribe' ⬇️ papers.ssrn.com/sol3/papers.cf…! #LawTwitter

@KorematsuCtr The framing of the rule has long accommodated this outcome, going back to the 1980s. It’s such a bummer to see the Ninth Circuit continue to endorse.

It seems that "substantial burden" when it comes to Indians and their religious practices means less than what it seems to mean for non-Indians and their religious practices. Am I misunderstanding this?

The Ninth Circuit has just held the transfer of Oak Flat from federal land to a private company, that will then transform Oak Flat into a 1.8 mile crater in pursuit of copper, is NOT a "substantial burden" on the Apaches. cdn.ca9.uscourts.gov/datastore/opin…

Happy to share my new piece, forthcoming in the Arizona Law Review, (Un)Vanishing the Tribe. Giving another anticanon kick to Castro-Huerta, and anticipating some rad Tribal futures. papers.ssrn.com/sol3/papers.cf…

Join us the @NNLPC_UCLALaw debrief of AZ v. Navajo Nation. Happening now! bit.ly/NNLPCWater

Absolutely wild that Sheridan publicly claimed his movie (about 2 white saviors helping solve the murder of a Native woman, played by a non-Native actress to boot) was somehow responsible for landmark legislation Native women spent decades organizing & fighting for.

Just the creator of Yellowstone taking credit for decades of work led by Native women to protect our own. And an fyi, oh great white savior, VAWA was a partial fix. We still lack jurisdictional authority to prosecute non-Natives unless in a domestic relationship.

@BlakeProf 😳

"My heart beamed," @VanSchilfgaarde said of Justice Gorsuch's opinion in yesterday's #ICWA ruling. "There are simply too many U.S. Supreme Court cases that diminish tribal sovereignty, negate tribal histories and minimize tribal interests." buff.ly/3Nh0j7k

@daniel_b_rice Assume away, Justice Thomas. Also see, all of Indian Country exercising that very pre-existing sovereignty every day.

This sentence from Thomas's Brackeen dissent is quite revealing. He merely assumes for argument's sake that some tribes might still be able to exercise governmental authority outside of the constitutional structure. His is a decidedly post-Native worldview.

@susanmyrland Big day!! “Our Constitution reserves for the Tribes a place—an enduring place—in the structure of American life.”

ICWA!!!

NCAI mourns the passing of Head Councilman Joe Garcia (Ohkay Owingeh) – a leader among leaders, a mentor to many, and a friend to all. His contributions and commitment to Indian Country will serve as inspiration for generations of leaders to come. bit.ly/3W0SK8L

“Discovered” 🤦🏻‍♀️: a good step for Indigenous + human rights. SCOTUS domesticates international “law” as central to an assertion of power and those supremacy concepts (eventually) fail to stand the test of time. Then what? Dismiss this as “just symbolic?” No. This is significant.

“Tribal Nations and Abortion Access: A Path Forward,” now in print! Thanks @Atweedy01 @ailahoss @SarahDeer72 @LaurenvanSchil1 and Harvard J. Of Law and Gender. papers.ssrn.com/sol3/papers.cf…

Introducing 2023 #NAWLRisingList member: Lauren van Schilfgaarde. Check out this article where she’s quoted: bit.ly/3Zv10hB. We will celebrate Lauren at the Mid-Year Meeting next week! Register: nawl.org/p/cm/ld/&fid=3… #NAWLWomeninLaw #NAWLRising @UCLA_Law

You do not want to miss this event! Register now!

Really PUMPED to share my draft, "Restorative Justice as Regenerative Tribal Jurisdiction" and to be working with the incredible @CalifLRev. Eager for your thoughts and comments. Three cheers for Tribal Wellness Courts! papers.ssrn.com/sol3/papers.cf…