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2018 James R. Browning Symposium Keynote, Matthew L.M. Fletcher
2018 James R. Browning Symposium Keynote, Matthew L.M. Fletcher
Montana Law Review
No abstract provided.
Tribal Nations And Congress's Power To Define Offences Against The Law Of Nations, John H. Dossett
Tribal Nations And Congress's Power To Define Offences Against The Law Of Nations, John H. Dossett
Montana Law Review
The Framers of the Constitution founded the United States on a principle that the federal government has limited, enumerated powers. This Article advances the Offences Clause as an additional, and important, source of federal authority in Indian affairs, particularly for the Indian Child Welfare Act. There is considerable evidence that the Offences Clause was intended to authorize Congress to regulate relationships with tribal nations as well as foreign governments. This Article puts forth the Offences Clause as a response to the challenges raised by Justice Thomas and the State of Texas, including concerns about racial classification or overreach of commerce …
On Indian Children And The Fifth Amendment, Matthew L.M. Fletcher
On Indian Children And The Fifth Amendment, Matthew L.M. Fletcher
Montana Law Review
No abstract provided.
United States V. Gillette: A Tiny Prairie Casenote Opening A Window On The Enveloping Fog Obscuring The Indian Civil Rights Act Of 1968, Frank Pommersheim
United States V. Gillette: A Tiny Prairie Casenote Opening A Window On The Enveloping Fog Obscuring The Indian Civil Rights Act Of 1968, Frank Pommersheim
Montana Law Review
United States v. Gillette is one of the first reported cases on the new post-United States v. Bryant road. As of yet, there is no reliable (legal) GPS to point the way. This "tiny prairie" casenote is not meant to focus on the answers, but rather clarify the questions and to widen the discussion as the journey continues.
Sovereign Metaphors In Indian Law, Gregory Ablavsky
Sovereign Metaphors In Indian Law, Gregory Ablavsky
Montana Law Review
This exploration reveals that tribes were not as anomalous as the Supreme Court of the United States has suggested. Even while the Court proclaimed the Tribes' uniqueness, it readily applied doctrines developed in the context of foreign nations, states and U.S. territories to Native nations, ignoring the differences between the situation of tribes and other sovereigns. This narrative about what tribes lack when compared to other sovereigns has become a constant, and pernicious, trope within the discourse of Indian law.
From Foundational Law To Limiting Principles In Federal Indian Law, Alexander T. Skibine
From Foundational Law To Limiting Principles In Federal Indian Law, Alexander T. Skibine
Montana Law Review
Federal Indian law has been "exceptional" in the sense of being distinctively compared to other areas of American Public Law. This Article analyzes areas of federal Indian Law where the application of exceptionalism and foundational principles is especially likely to motive the Supreme Court of the United States to search for limiting principles. The Article focuses on tribal sovereign immunity cases, tribal-state conflicts involving off-reservation treaty rights, and state taxing power within Indian reservations.