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The Outer Limits Of Community Self-Governance In Residential Associations, Municipalities, And Indian Country: A Liberal Theory, Mark D. Rosen
The Outer Limits Of Community Self-Governance In Residential Associations, Municipalities, And Indian Country: A Liberal Theory, Mark D. Rosen
Mark D. Rosen
This Article provides a normative framework that seeks to answer the questions of when and to what extent society should allow "dissident" communities to opt out of general culture and govern themselves. It surveys a number of such groups and develops an ideal typical conception of the ideology that drives them. Drawing on John Rawls' Political Liberalism, the Article then argues that foundational liberal commitments require that society grant most of these communities far greater powers to self-govern than currently are allowed under the law, subject to certain limits that the Article identifies. The Article then applies its framework to …
The Thrust And Parry Of Federal Indian Law, Blake A. Watson
The Thrust And Parry Of Federal Indian Law, Blake A. Watson
Blake A Watson
This article sets forth and critiques contradictory pronouncements by the Supreme Court in the field of federal Indian law. The failure to acknowledge such conflicting statements has led to doctrinal incoherence and a tendency toward judicial subjectivism, which in turn threatens to undermine foundational principles of tribal political status and tribal governmental authority. The appendix to the article lists all Supreme Court cases involving Indian law issues from 1800 to 1998.