Category Archives: legal history

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.

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New Book: “Claiming Turtle Mountain’s Constitution: The History, Legacy, and Future of a Tribal Nation’s Founding Documents” by Keith Richotte

Claiming Turtle Mountain’s Constitution: The History, Legacy, and Future of a Tribal Nation’s Founding Documents By Keith Richotte Jr. In an auditorium in Belcourt, North Dakota, on a chilly October day in 1932, Robert Bruce and his fellow tribal citizens held … Continue reading

Posted in Author: Matthew L.M. Fletcher, legal history, Scholarship, tribal constitutions | Tagged , | Leave a comment

Jotwell Piece on Dan Carpenter’s Paper on 19th Century Indian Administrative Petitions

Here. An excerpt: Carpenter identifies several factors that contributed to Native Americans’4 early and robust use of the administrative petition. One factor was a pattern of congressional deference to the President in matters relating to Indian policy. Presidents, in turn, delegated … Continue reading

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

WaPo Podcast on the Constitution: Episode 2 — “Ancestry” (It’s about Standing Bear)

Here.

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Mario Gonzales on the Black Hills Claim

Here:

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Final Version of Fletcher & Singel’s “Indian Children and the Federal-Tribal Trust Relationship” Now Available

Fletcher and Singel will published “Indian Children and the Federal-Tribal Trust Relationship” in the Nebraska Law Review.

Posted in Author: Matthew L.M. Fletcher, Author: Wenona T. Singel, Child Welfare, ICWA, legal history, Michigan Indian, Scholarship | Tagged , , | 1 Comment

Trump reveals first slate of judicial nominees

From The Hill: “Trump is nominating 10 judges, including two candidates he had previously floated for the Supreme Court, Joan Larsen and David Straus.” HERE.  

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