Tag Archives: legal history

Fletcher & Singel on the Historical Basis for the Trust Relationship between the US and Indian Children

Fletcher & Singel have posted “Indian Children and the Federal Tribal Trust Relationship” on SSRN. Here is the abstract: This article develops the history of the role of Indian children in the formation of the federal-tribal trust relationship and comes … Continue reading

Posted in Author: Matthew L.M. Fletcher, Author: Wenona T. Singel, ICWA, legal history, Legislation, Michigan Indian, Scholarship, treaty rights, tribal courts | Tagged , , , , , , , , , , , , | 2 Comments

UNM Symposium on United States v. Sandoval

Here is the notice: UNM symposium on United States v Sandoval The description: On October 20, 1913, the United States Supreme Court issued its decision in United States v. Sandoval, a case that addressed whether Congress could prohibit the introduction … Continue reading

Posted in Announcements, Author: Matthew L.M. Fletcher, Criminal, legal history, Supreme Court, Symposia | Tagged , ,

Kate Fort: “The Vanishing Indian Returns: Tribes, Popular Originalism, and the Supreme Court”

Our own Kathryn E. Fort has posted her paper, “The Vanishing Indian Returns: Tribes, Popular Originalism, and the Supreme Court,” on SSRN. It was published in the St. Louis Law Journal. Here is the abstract: As the nation faces cultural … Continue reading

Posted in Author: Matthew L.M. Fletcher, legal history, Scholarship | Tagged , , , , , | 3 Comments

New Scholarship: “Property Law and American Empire”

Michael Burger and Paul Frymer have posted their paper, “Property Law and American Empire,” forthcoming in the University of Hawai’i Law Review. Here is the abstract: Current scholarship by legal commentators and political scientists recognizes that the weapons of American … Continue reading

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

New Scholarship: “The Savage Constitution”

Gregory Ablavsky has posted his paper, “The Savage Constitution,” forthcoming from the Duke Law Journal, on SSRN. Here is the abstract: Conventional histories of the Constitution largely omit Natives. This Article challenges this absence and argues that Indian affairs played … Continue reading

Posted in Uncategorized | Tagged ,

Ann Tweedy on Unjustifiable Expectations

Highly recommended!!!! Ann Tweedy has posted her paper, “Unjustifiable Expectations,” on SSRN. Here is the abstract: When the Supreme Court decides whether a tribe has jurisdiction over non-members on its reservation or addresses the related issue of reservation diminishment, it … Continue reading

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

Online Documents of Maori Legal History

From the Legal History Blog: The New Zealand Legal Text Centre had recently launched an on-line archive of documents relating to the legal history of the Maori, the indigenous people of the islands. Here is the announcement: The New Zealand … Continue reading

Posted in Author: Kate E. Fort, international law, legal history, Research, Scholarship | Tagged , , ,

Kate Fort on The New Laches

Kate Fort of MSU College of Law has posted “The New Laches” on SSRN. This is the first comprehensive and historical study of the application of laches doctrine to sovereigns, federal, state, and tribal. Here is the abstract: Tribal land … Continue reading

Posted in Author: Matthew L.M. Fletcher, Scholarship, Supreme Court, taxation, treaty rights | Tagged , , , , , ,

Miller and Ruru: A Comparative View of the Doctrine of Discovery

Bob Miller and Jacinta Ruru have posted “An Indigenous Lens into Comparative Law: The Doctrine of Discovery in the United States and New Zealand” on SSRN. From the abstract:

Posted in Author: Matthew L.M. Fletcher, international law, Scholarship, Supreme Court | Tagged , , , , , ,

Maillard: “The Pocahontas Exception”

Kevin Noble Maillard (Syracuse Law) has posted an abstract to his wonderful paper, “The Pocahontas Exception: American Indians and Exceptionalism in Anti-miscegenation Law,” published in the Michigan Journal of Race & Law. Kevin’s commentary in Indian Country Today, “Black and … Continue reading

Posted in Scholarship | Tagged , , , , , , , , , , , ,