Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 11 of 11

Full-Text Articles in Law

Revisiting Seminole Rock, Jeffrey A. Pojanowski Jan 2018

Revisiting Seminole Rock, Jeffrey A. Pojanowski

Journal Articles

The rule that reviewing courts must defer to agencies’ interpretations of their own regulations has come under scrutiny in recent years. Critics contend that this doctrine, often associated with the 1997 Supreme Court decision Auer v. Robbins, violates the separation of powers, gives agencies perverse regulatory incentives, and undermines the judiciary’s duty to say what the law is.

This essay offers a different argument as to why Auer is literally and prosaically bad law. Auer deference appears to be grounded on a misunderstanding of its originating case, the 1945 decision Bowles v. Seminole Rock. A closer look at Seminole ...


Tribal Court Praxis: One Year In The Life Of Twenty Tribal Courts, Nell Jessup Newton Jan 1998

Tribal Court Praxis: One Year In The Life Of Twenty Tribal Courts, Nell Jessup Newton

Journal Articles

No abstract provided.


Recognizing And Enforcing State And Tribal Judgments: A Roundtable Discussion Of Law, Policy And Practice, Nell Jessup Newton Jan 1993

Recognizing And Enforcing State And Tribal Judgments: A Roundtable Discussion Of Law, Policy And Practice, Nell Jessup Newton

Journal Articles

No abstract provided.


Let A Thousand Policy-Flowers Bloom, Nell Jessup Newton Jan 1993

Let A Thousand Policy-Flowers Bloom, Nell Jessup Newton

Journal Articles

No abstract provided.


Permanent Legislation To Correct Duro V. Reina, Nell Jessup Newton Jan 1992

Permanent Legislation To Correct Duro V. Reina, Nell Jessup Newton

Journal Articles

No abstract provided.


Indian Claims In The Courts Of The Conqueror, Nell Jessup Newton Jan 1992

Indian Claims In The Courts Of The Conqueror, Nell Jessup Newton

Journal Articles

No abstract provided.


The Criminal Jurisdiction Of Tribal Courts Over Nonmember Indians, Nell Jessup Newton Jan 1991

The Criminal Jurisdiction Of Tribal Courts Over Nonmember Indians, Nell Jessup Newton

Journal Articles

No abstract provided.


Federal Power Over Indians: Its Sources, Scope, And Limitations, Nell Jessup Newton Jan 1984

Federal Power Over Indians: Its Sources, Scope, And Limitations, Nell Jessup Newton

Journal Articles

Judicial deference to federal legislation affecting Indians is a theme that has persisted throughout the two-hundred-year history of American Indian law. The Supreme Court has sustained nearly every piece of federal legislation it has considered directly regulating Indian tribes, whether challenged as being beyond federal power or within that power but violating individual rights.' This judicial deference often has been justified by invoking federal plenary power to regulate Indian affairs and the political question doctrine's requirement of deference to the political branches. Indeed, not until 1977 did the Court explicitly repudiate use of the political question doctrine to bar ...


Enforcing The Federal-Indian Trust Relationship After Mitchell, Nell Jessup Newton Jul 1982

Enforcing The Federal-Indian Trust Relationship After Mitchell, Nell Jessup Newton

Journal Articles

No abstract provided.


At The Whim Of The Sovereign: Aboriginal Title Reconsidered, Nell Jessup Newton Jan 1980

At The Whim Of The Sovereign: Aboriginal Title Reconsidered, Nell Jessup Newton

Journal Articles

No abstract provided.


Indian Tribal Trust Funds, Nell Jessup Newton Jan 1975

Indian Tribal Trust Funds, Nell Jessup Newton

Journal Articles

No abstract provided.