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Full-Text Articles in Law

Assumptions Regarding Indians And Judicial Humility: Thoughts From A Property Law Lens, Ezra Rosser Jan 2009

Assumptions Regarding Indians And Judicial Humility: Thoughts From A Property Law Lens, Ezra Rosser

Ezra Rosser

Negative assumptions regarding Indians can be found in the recent decisions of the U.S. Supreme Court, and attention to these assumptions is required if courts are to base their decisions on how Indians and non-Indians actually impact each other. This brief article uses a property and liability rules framework to argue for judicial restraint when considering cases that could limit tribal sovereignty.


Assumptions Regarding Indians And Judicial Humility: Thoughts From A Property Law Lens, Ezra Rosser Jan 2009

Assumptions Regarding Indians And Judicial Humility: Thoughts From A Property Law Lens, Ezra Rosser

Articles in Law Reviews & Other Academic Journals

Negative assumptions regarding Indians can be found in the recent decisions of the U.S. Supreme Court, and attention to these assumptions is required if courts are to base their decisions on how Indians and non-Indians actually impact each other. This brief article uses a property and liability rules framework to argue for judicial restraint when considering cases that could limit tribal sovereignty.


Could Litigation Help Torres Strait Islanders Deal With Climate Impacts?, Donna Green, Kirsty Ruddock Jan 2009

Could Litigation Help Torres Strait Islanders Deal With Climate Impacts?, Donna Green, Kirsty Ruddock

Sustainable Development Law & Policy

No abstract provided.