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The Supreme Court's Indian Problem, Matthew L.M. Fletcher
The Supreme Court's Indian Problem, Matthew L.M. Fletcher
Matthew L.M. Fletcher
No abstract provided.
The New Federal Indian Law, Matthew L.M. Fletcher
The New Federal Indian Law, Matthew L.M. Fletcher
Matthew L.M. Fletcher
While many scholars suggest that the Court’s conservative views drive these Indian law decisions and criticize the Court for failing to follow foundational principles of federal Indian law, in this article I hope to show that the Court’s reasons for granting certiorari and for deciding against tribal interests in these cases are not Indian law-related. Instead, the Court identifies important, unrelated constitutional concerns that appear to arise more frequently in Indian law cases, decides those matters, and only then turns to the federal Indian law questions. Once the Court disposes of the important constitutional concern in its analysis, the Court’s …