Lies, Damn Lies, and Federal Indian Law: The Ethics of Citing Racist Precedent in Contemporary Federal Indian Law
Federal Indian law is rooted in history. Present day Indian law practitioners routinely cite cases from the 1800s. Most of the jurisprudence dealing with Indians in the 1800s is flagrantly racist and based upon grossly erroneous stereotypes about Indians. Contemporary Indian rights continuously erode because federal Indian law remains stuck in the unjust past. This is problematic because it perpetuates a racist legacy but also because lawyers are bound by ethical rules. Lawyers are forbidden from propagating untruths, acting in a manner that discriminates based on race or ethnicity, and engaging in conduct that is prejudicial to the administration of justice. Accordingly, lawyers’ ethical obligations are incompatible with contemporary federal Indian law. This Article offers recommendations on how to purge the racism from federal Indian law.
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.
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.
Back to the Future: Native American Sovereignty In the 21st Century
A history of native american sovereignity that looks at US federal law as well as international law and thier effects on native populations.
Surface and Depth: Some Methodological Problems with Bringing Native American-Centered Histories to Light
Discusses methodologies used to measure Native American contributions to modernity and explores potential problems with certain historical narratives.