Back to the Future: Native American Sovereignty In the 21st Century
Over one hundred years ago, Austin Abbott, a prominent New York lawyer, wrote that “[t]he American student could select few single subjects the survey of which would bring under view a greater variety of important general principles… than the law relating to Indians.”‘ Abbott’s statement remains true, for no area of American law is more distinct, anomalous, or confused than that relating to Native Americans.’ The Supreme Court each year decides a disproportionate number of cases relating to Native American sovereignty, land, water, taxes, jurisdiction, regulation, religion, and a host of other issues, and in so doing, it weaves, along with Congress and numerous federal agencies, a “patchwork quilt” of case law, statutes, and regulations resembling more a “checkerboard” than a “seamless web.” The reasons for this are many, including the United States’ historically vacillating policies toward Indians, the “closing” of the “frontier,” and the impact of the New Deal’ and the Civil Rights Movement, but the fundamental reason for the chaos that is American Indian Law is that the law has been made to serve ends incompatible with its original founding principle.
A Guide for Law Students Considering Nonviolent Civil Disobedience
Juliana Morgan-Trostle∞ We do not believe that petitioner’s participation in [nonviolent civil disobedience] can be characterized as involving moral turpitude. If we were to deny to every person who has engaged in a “sit-in” or other form of
The Equal Rights Amendment: A Century in the Making Symposium Foreword
Regardless of the obstacles to ratification that remain, the renewed push for ratification makes clear that interest in the ERA is not merely academic or historical, but rather an urgent and necessary response to the many threats to women’s rights
Conundrums along the Mohawk: Preconstitutional Land Claims of the Oneida Indian Nation
Proposed mode of analysis for preconstitutional land claims brought by American Indian tribes
The Evidence of Christian Nationalism In Federal Indian Law: The Doctrine of Discovery, Johnson v. McIntosh, and Plenary Power
A discussion of christianity and native american federal law. Looks at the approach SCOTUS has taken and the Johnson decision.
Equal Protection as Applied to Tribal Membership and Enrollment Provisions
To mandate a total surrender to the dictates of Anglo-American society would obviously be a self-defeating policy. Indeed, it may be that injustice will always have to be suffered by the Indian in order to remain distinct.
The Great Secret about Federal Indian Law--Two Hundred Years in Violation of the Constitution--And the Opinion the Supreme Court Should Have Written to Reveal It
Discussion of the ways in which Native American law violates the constitution and the SCOTUS decisions that have shaped the law.
Museum Rights vs. Indian Rights: Guidelines for Assessing Competing Legal Interests in Native Cultural Resources
From society's standpoint it is important to preserve not only Native religious property, but also the irreplaceable Native beliefs and practices associated with that property.
Reopening Ferguson and Rethinking Civil Rights Prosecutions
Paul Savoy¥ A deeply flawed eighty-six page legal memorandum revealed the rationale for the U.S. Justice Department’s March 2015 decision not to prosecute Ferguson police officer Darren Wilson. The Article rejects the Department’s contention that prosecution was not permitted by