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American University Washington College of Law

Ezra Rosser

Selected Works

Oneida

Articles 1 - 2 of 2

Full-Text Articles in Law

Assumptions Regarding Indians And Judicial Humility: Thoughts From A Property Law Lens, Ezra Rosser Jan 2009

Assumptions Regarding Indians And Judicial Humility: Thoughts From A Property Law Lens, Ezra Rosser

Ezra Rosser

Negative assumptions regarding Indians can be found in the recent decisions of the U.S. Supreme Court, and attention to these assumptions is required if courts are to base their decisions on how Indians and non-Indians actually impact each other. This brief article uses a property and liability rules framework to argue for judicial restraint when considering cases that could limit tribal sovereignty.


Protecting Non-Indians From Harm? The Property Consequences Of Indians, Ezra Rosser Jan 2008

Protecting Non-Indians From Harm? The Property Consequences Of Indians, Ezra Rosser

Ezra Rosser

This article is an exploration of the assumption, last made by the U.S. Supreme Court in City of Sherrill v. Oneida Indian Nation of New York, that non-Indian property owners are harmed by Indian acquisition and control of land. Accepting for the moment the Court's prioritization of a non-Indian perspective, the article explores (a) what lies behind non-Indian resistance to Indian land ownership, and (b) whether in fact non-Indians are harmed by proximity to Indian land. The article combines in its analysis core property law concepts with an empirical examination of the changes over time in assessed land value of …