Category Archives: legal history

Rock Your Mocs — August 16, 2018 — Historic Fort Wayne (Detroit)

Here (pdf):

Posted in Author: Matthew L.M. Fletcher, legal history, Michigan Indian | Tagged

New Scholarship on Felix Cohen

Here is “‘Felix Cohen Was the Blackstone of Federal Indian Law’: Taking the Comparison Seriously,” by Adrien Habermacher, forthcoming in the British Journal of American Legal Studies. Here is the abstract: This paper explores thoroughly the many facets of Rennard … Continue reading

Posted in Author: Matthew L.M. Fletcher, legal history, Scholarship | Tagged

Greg Ablavsky Commentary on Upper Skagit Decision

Gregory Ablavsky has posted “Upper Skagit v. Lundgren: Deceptively Straightforward Case Raises Fundamental Questions about Native Nations, History, and Sovereignty” on Stanford Law School’s blog. Here are excerpts: This decision provoked the ire of Justice Thomas, who, in a lengthy … Continue reading

Posted in Author: Matthew L.M. Fletcher, legal history, Scholarship, sovereign immunity, Supreme Court | Tagged , ,

After the Culverts Argument on Wednesday

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Fletcher Review of David Grann’s “Killers of the Flower Moon”

Here is “Failed Protectors: The Indian Trust and Killers of the Flower Moon,” forthcoming in the Michigan Law Review. Abstract: This Review uses Killers of the Flower Moon as a jumping off point for highlighting for readers how so many Indian … Continue reading

Posted in Author: Matthew L.M. Fletcher, Book Review, Criminal, legal history, Scholarship, trust relationship | Tagged , , , , , ,

Gregory Ablavsky on Indian Law and Legal History

Gregory Abalvsky has posted “History, Power, and Federal Indian Law” on Process, the blog of the Organization of American Historians, The Journal of American History, and The American Historian. An excerpt: Indian law is not unique in involving judicial uses of history. But not only … Continue reading

Posted in Author: Matthew L.M. Fletcher, legal history, Research | Tagged

Gregory Ablavsky Guest Post: What Justice Thomas Gets Wrong About Constitutional History: Part 2—Ratification, Natelson, and Territorial Integrity

Professor Ablavsky is the author of “Beyond the Commerce Clause.” Part I is here. What Justice Thomas Gets Wrong About Constitutional History: Part 2—Ratification, Natelson, and Territorial Integrity One interesting aspect about Upstate Citizens is the underlying dispute’s highly ironic … Continue reading

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Greg Ablavsky Guest Post: What Justice Thomas Gets Wrong About Constitutional History: Part I—the Indian Commerce Clause

SCOTUS denied cert in two cases challenging the constitutionality of Section 5 of the Indian Reorganization Act, the statute that authorizes the Secretary of the Interior to take land into trust for Indian tribes. The petitions are here and here. … Continue reading

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Tiya Miles Lecture on “The Dawn of Detroit” (Indigenous Peoples’ Day)

The book page is here. The blurb: Most Americans believe that slavery was a creature of the South, and that Northern states and territories provided stops on the Underground Railroad for fugitive slaves on their way to Canada. In this … Continue reading

Posted in Author: Matthew L.M. Fletcher, legal history, Michigan Indian, Scholarship | Tagged , | 1 Comment

The Chronicle: “Brown U. and Native American Tribe End Standoff Over Land”

Here.

Posted in Author: Matthew L.M. Fletcher, Education, federal recognition, legal history, News | Tagged ,