Off-Reservation Treaty Hunting Rights, the Restatement, and the Stevens Treaties

The underdevelopment of the law of off-reservation treaty hunting and gathering poses challenges for treatises like the groundbreaking Restatement of the Law of American Indians (“Restatement”). With particular attention to sections 83 and 6 of the Restatement, this Article explores those challenges and offers some solutions for dealing with them in subsequent editions of the Restatement. Specifically, this Article explores the potential usefulness of historical law in interpreting treaties, the need to tie treaty interpretation to the language of the treaty when an explicit right is at issue, the proper application of the reserved rights doctrine and the Indian canons, and how the canons should be applied in the face of conflicting tribal interests. This piece also celebrates the successes of those two sections and of the Restatement in general

Brief Amici Curiae Legal Scholars of Sex and Gender In Support of Plaintiff-Appellant

This amicus brief was filed in Griffith v. El Paso County, Colorado, case no. 23-1135 (10th Circuit) in support of appellant Darlene Griffith. Amici curiae are legal scholars of sex and gender. They offerexpertise in their personal capacities to assist the Court of Appeals for the Tenth Circuit in assessing whether the El Paso County Sheriff officials violated Ms. Griffith’s Fourteenth Amendment right to equal protection when they refused to house Ms. Griffith, a transgender woman, in the women\u27s unit of the El Paso County Jail as a pretrial detainee

Invisible Majority: The Disparities Facing Bisexual People and How to Remedy Them

During the past decade, the United States has witnessed growing understanding and acceptance of lesbian, gay, bisexual, and transgender (LGBT) people and increased legal protections based on sexual orientation and gender identity. Rarely, however, have the experiences and lives of bisexual people, who comprise more than half of the entire LGBT community, been explicitly considered in the social or legal narrative. Rather, bisexual people are frequently swept into the greater lesbian, gay, and bisexual (LGB) community, their specific disparities made invisible within data about the LGB community as a whole.Invisible Majority: The Disparities Facing Bisexual People and How to Remedy Them focuses on the "invisible majority" of the LGBT community, the nearly five million adults in the U.S. who identify as bisexual and the millions more who have sexual or romantic attraction to or contact with people of more than one gender. The report provides an overview of current research so we can better understand those who comprise the largest share of the LGB population. It also examines how bias, stigma, discrimination, and invisibility combine to create serious negative outcomes for bisexual people, and it provides concrete recommendations for change. Finally, sidebars throughout the report highlight the lived experiences of bisexual people—and the pervasive discrimination and key disparities they face

Bridging the Gap in LGBTQ+ Rights Litigation: A Community Discussion on Bisexual Visibility in the Law

This essay discusses the genesis of BiLaw, a coalition of Bi+ lawyers and law students, and highlights the importance of a 2021 Lavender Law session organized by BiLaw in which representatives of LGBT rights organizations discussed the erasure of Bi+ persons in jurisprudence and the importance of, and their commitment to, serving the needs of the Bi+ community, along with those of other stakeholders. A transcript of the groundbreaking discussion follows the essay