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Resisting Federal Courts On Tribal Jurisdiction, Matthew L.M. Fletcher

University of Colorado Law Review

This Paper is part of a call for a paradigm-shifting reexamination by Indian tribes and Indian people about their place in the American constitutional structure. For tribal advocates to prevail in the federal judiciary, they must force federal judges to rethink everything they know about federal Indian law. There are at least two ways to do this. Tribal advocates and American Indian law scholars must first establish a baseline of knowledge and information about the realities of Indian country in the twenty-first century. This work is nascent and ongoing, if not burgeoning, but frankly is far from enough. A second …