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Marshall And O'Connor: Categorical First Justices And Their Impact On Federal Indian Law, Richard L. Barnes
Marshall And O'Connor: Categorical First Justices And Their Impact On Federal Indian Law, Richard L. Barnes
richard l barnes
Thurgood Marshall was the first African-American appointed to the United States Supreme Court. Sandra Day O’Connor was the first woman appointed. As firsts in their category their historical role is assured, but their legacy is broader. This Article examines one piece of their legacies: Is it plausible to find some of their character as ‘Firsts’ in their opinions for the Court in Indian cases? Specifically can we find a legacy of categorical pioneering in the Justices’ treatment of American Indians as another category of people underrepresented on the Court?
My working hypothesis was that the sympathy some might expect from …
Marshall And O'Connor: Categorical First Justices And Their Impact On Federal Indian Law, Richard L. Barnes
Marshall And O'Connor: Categorical First Justices And Their Impact On Federal Indian Law, Richard L. Barnes
richard l barnes
Thurgood Marshall was the first African-American appointed to the United States Supreme Court. Sandra Day O’Connor was the first woman appointed. As firsts in their category their historical role is assured, but their legacy is broader. This Article examines one piece of their legacies: Is it plausible to find some of their character as ‘Firsts’ in their opinions for the Court in Indian cases? Specifically can we find a legacy of categorical pioneering in the Justices’ treatment of American Indians as another category of people underrepresented on the Court?
My working hypothesis was that the sympathy some might expect from …