Jacob Levy has posted “Not so Novus an Ordo: Constitutions without Social Contracts,” forthcoming in Political Theory, on SSRN (H/t Legal Theory Blog). It has an interesting discussion of U.S. v. Lara. Here is the abstract:
Social contract theory imagines political societies as resting on a fundamental agreement, adopted at a discrete moment in hypothetical time, [...]
Phillip M. Kannan has published “Reinstating Treaty-Making with Native American Tribes” in the William and Mary Bill of Rights Journal. An excerpt:
This Article proceeds as follows. The legal history of treaties and treaty-making with Indian tribes and the significance of these treaties to United States law are explored in Part I. The dissatisfaction of the [...]
Here.
May 1st, 2008
Business Law Symposium 2008
Indigenous Economic Development: Sustainability, Culture and Business Agenda
April 4, 2008
Spring Symposium 2008
This conference brings together scholars from around the country, most of whom are tribal citizens and experienced in economic development, to discuss the practical and the theoretical issues facing American Indian governments in their task to bring economic [...]
I’ve posted a short paper called “‘Now What the Hell You Gonna Do in Those Days?’ A Research Note on Practical Barriers to Indian Land Claims” on SSRN. Here is the abstract:
There are extra-legal barriers that American Indian people faced when confronted with the illegal theft of their lands, or with any dispossession of their [...]
Rose Cuison Villazr (SMU) has posted her wonderful paper, “Blood Quantum Land Laws and the Race Versus Political Dilemma,” forthcoming in the California Law Review, on SSRN. Here is the abstract:
Modern equal protection doctrine treats laws that make distinctions on the basis of indigeneity defined on blood quantum terms along a racial versus political paradigm. [...]
R. Stephen McNeil, a law student at Washington & Lee, has posted “In a Class by Themselves: a Proposal to Incorporate Tribal Courts into the Federal Court System Without Compromising Their Unique Status as “Domestic Dependent Nations” on SSRN. Here is the abstract:
This Note proposes a solution to the longstanding problem of how to fit [...]
The presence of the US/Canada Border is a fact of life for Aboriginal People. It is also a simple fact of life that Indigenous people along the border have established their relationship with both US and Canadian governments through Treaty, and those Treaties affect people along the border in profound ways.
As [...]
The March/April 2008 issue of the Federal Lawyer featured several articles on Indian law.
Zeke Fletcher on the legacy of Martinez, Wheeler, and Oliphant: trappedinthespringof1978
Casey Douma on the Indian Civil Rights Act: 40thanniversaryoficra
Mike McBride and Susan Huntsman on tribal labor relations: organizedlaborstrategiesforindiangaming
Goodman and Maxfield on the NIGC’s gaming management contracting: isthatyourfinalanswergoodmanmaxfield
Matthew Fletcher on the Supreme Court [...]
A few years ago, we wrote a short article that included a section on South Fox Island, traditional home to many Michigan Anishinaabeg families, that was lost during the Termination Era of the 1950s. An Indian cemetery is out there, hidden, but now the island is owned by non-Indian real estate developers (see here). This [...]
Ezra Rosser (American U.) has posted “Protecting Non-Indians from Harm: The Property Consequences of Indians“, forthcoming from the Oregon Law Review, on SSRN. Here is the abstract:
This article is an exploration of the assumption, last made by the U.S. Supreme Court in City of Sherrill v. Oneida Indian Nation of New York, that non-Indian property [...]
