North Dakota Law

Updates from the University of North Dakota School of Law.

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Dan Lewerenz

Dan Lewerenz, assistant professor of law is quoted in the article – Native University of Montana student works to create missing persons database

Categories: Faculty

Haley Omeasoo is working to create the first DNA database of Blackfeet Nation members By: Mark Roth – UM News Service Posted at 5:21 PM, Apr 06, 2024 MISSOULA — Haley Omeasoo was already studying forensic science at the University of Montana when she saw the poster that redefined her life. The 2017 poster announced that her […]

Professor Dan Lewerenz serves as expert back reader for NPR’s Throughline

Categories: Faculty

A Tale of Two Tribal Nations Episode Description The word “reservation” implies “reserved” – as in, this land is reserved for Native Americans. But most reservation land actually isn’t owned by tribes. Instead, it’s checkerboarded into private farmland, federal forests, summer camps, even resorts. That’s true for the Leech Lake Band of Ojibwe in northern […]

‘It’s a good day in Indian Country and it’s a good day for the rule of law’: Professor Dan Lewerenz responds to SCOTUS upholding the Indian Child Welfare Act

Categories: Faculty

The economic impact of SCOTUS upholding the Indian Child Welfare Act Marketplace Savannah Maher Listen Indian Country breathed a sigh of relief on Thursday morning when the U.S. Supreme Court upheld the Indian Child Welfare Act, or ICWA. That 1978 federal law gives tribal nations a voice in custody proceedings involving Native children and aims to […]

Professor Lewerenz is quoted: ‘A Can of Gasoline Under Indian Law’

Categories: Faculty

In their efforts to overturn the Indian Child Welfare Act, a constellation of law firms and conservative organizations have put tribal sovereignty in jeopardy.  June 7, 2023 The New York Review Murat Oztaskin Four years ago Lisa Blatt argued a case before the Supreme Court called Carpenter v. Murphy. It rested on whether a citizen of the Muscogee […]

Professor Lewerenz quoted as an expert in commentary about the Brackeen v. Haaland case awaiting a decision from the U.S. Supreme Court

Categories: Faculty, Public

The fate of the Indian Child Welfare Act When it comes to children, should tribes govern themselves? DeseretNews By Mya Jaradat May 16, 2023, 12:16pm CDT Not long after Jennifer and Chad Brackeen felt called by God to become foster parents, they got a call of another kind: this one from Texas’s Child Protective Services, saying […]

Professor Lewerenz quoted as an expert: Betting, adoption lawsuits pose greatest threat to tribes in decades, experts say

Categories: Faculty

A lawsuit in Washington state and another case before the U.S. Supreme Court are part of a coordinated campaign that experts say is pushing once-fringe legal theories to the nation’s highest court and represents the most serious challenge to tribal sovereignty in over 50 years. OregonLive | Oregonian By Karina Brown | Underscore News Editor’s note: This […]

Tribes await ruling in child welfare case: Professor Lewerenz is quoted

Categories: Faculty

The U.S. Supreme Court is considering challenges to a law enacted in 1978 to respond to the alarming rate at which Native American and Alaska Native children were being removed from their homes by public and private agencies. The U.S. Supreme Court now has taken up challenges to the law three times — in 1989, 2013 and […]

The fight for consistent rights for Indigenous tribes in WA and beyond: Professor Dan Lewerenz is quoted

Categories: Faculty

A five-year battle over a bag of clams shows how a reliance on century-old treaties can lead authorities to treat members of some tribes differently than others. by Ashley Braun Hakai Magazine | November 10, 2022 It was April 30, 2017, and Michael and Andrew Simmons were walking down Copalis Beach, along Washington’s southwest coast, […]

Supreme Court Considers Latest Attack on Indian Child Welfare Act by Professor Dan Lewerenz

Categories: Faculty

We have been here from time immemorial, and we remember. Dan Lewerenz, Guest Contributor November 7, 2022 We remember before the U.S. Supreme Court agreed to hear a case challenging the constitutionality of the Indian Child Welfare Act (“ICWA”). We remember before ICWA was passed in 1978, the four long years of congressional investigation and deliberation that led to its enactment, […]