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Full-Text Articles in Law
The Myth Of Context In Politics And Law, Anita Krug
The Myth Of Context In Politics And Law, Anita Krug
All Faculty Scholarship
Visions of group-based rights in political and legal theory strive to be both antiessentialist and antiuniversalist. They reject an essentialist view of the self — a view that there is a single experience common to all persons composing, for example, a particular ethnic, racial, or gender group — on the basis that a person’s identity is context-based and contingent, and cannot be defined solely by such factors as race or gender. They also reject the universalist notion of an abstract equality of persons that is at the basis of traditional conceptions of individual rights. In short, group rights are based …
Convoluted Essence: Indian Rights And The Federal Trust Doctrine, David E. Wilkins
Convoluted Essence: Indian Rights And The Federal Trust Doctrine, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
In recent years there has been growing resentment from what one might term, for lack of a better phrase, the "anti-trust" segment. These commentators have offered a host of arguments to support their position: the trust doctrine has been and is still used primarily to "give moral color to depredations of tribes;" it is "an assertion of unrestrained political power over Indians, power that may be exercised without Indian consent and without substantial legal restraint;" and it is really a "metaphor for federal control of Indian affairs without signifying any enforceable rights of the tribal `beneficiaries.'" Yet others suggest that …