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American Indians In Court: The Burger And Rehnquist Years, John R. Hermann
American Indians In Court: The Burger And Rehnquist Years, John R. Hermann
Political Science Faculty Research
The Supreme Court and individual justices' treatment of American Indian interests has generated relatively little scholarly attention. To fill this void in the extant literature, this study seeks to examine how American Indian interests fared before the Supreme Court of the United States during the Burger and Rehnquist Courts (1969-1992 October terms) and attempts to discern the factors influencing their treatment. The findings indicate that while American Indian interests won 48% of their cases, the Burger Court was much more sympathetic than the Rehnquist Court to the plight of this politically disadvantaged group. The error correcting strategy, the ideological proclivities …
American Indians And The Burger Court, John R. Hermann, Karen O'Connor
American Indians And The Burger Court, John R. Hermann, Karen O'Connor
Political Science Faculty Research
Objective. Like many politically disadvantaged groups, American Indian interests have turned to the courts when they lack access or clout in the electoral process. Unlike many ocher disadvantaged groups, the litigation activities of American Indian interests have failed to garner much scholarly attention. The purpose of this research is to examine how American Indian interests fared before the Burger Court (1969-85 October terms). Methods. The 63 full opinion cases regarding issues critical to American Indian interests were identified by examining the United States Reports. Each case was coded as whether or not the Court decided in favor of …