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Full-Text Articles in Law
Indian Religious Freedom: Recognized/Denied, David E. Wilkins
Indian Religious Freedom: Recognized/Denied, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
Clinton's sacred site executive order applies to all "federal lands" and to all "recognized" Indian tribes. A "sacred site" is defined as "any specific, discrete, narrowly delineated location of Federal land that is identified by an Indian tribe, or Indian individual... as sacred by virtue of its established religious significance to, or ceremonial use by, an Indian religion; provided that the tribe or appropriately authoritative representative of an Indian religion has informed the agency of the existence of such a site."
The issue that seemed most troublesome from William Downes' legal perspective, besides the alleged Establishment clause violation, was that …
Tribal-State Affairs: The Next Proving Ground?, David E. Wilkins
Tribal-State Affairs: The Next Proving Ground?, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
While these more profound issues of structure and perception beg for solution, a more immediate problem has arisen with the advent of Republican dominance in the Congress. One of the likely outgrowths of this transference of political power is that Congress, along with the Supreme Court, which has been doing it for some time, may funnel more issues to the States and their subsidiary governments for resolution or administration. Such a transfer does not bode well for tribes. Remember the allotment of Indian lands (1880s-1930s) and the Termination of tribes (1950s-1960s)? Those policies essentially made tribes and their citizens subject …
Transformations In Supreme Court Thought: The Irresistible Force (Federal Indian Law & Policy) Meets The Movable Object (American Indian Tribal Status), David E. Wilkins
Transformations In Supreme Court Thought: The Irresistible Force (Federal Indian Law & Policy) Meets The Movable Object (American Indian Tribal Status), David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
This article is a content analysis examination of 107 federal court cases involving American Indian tribal sovereignty and federal plenary power rendered between 1870 and 1921. Our focus, however, is the U.S. Supreme Court's Indian Law jurisprudence; thus ninety of the cases analyzed were Supreme Court opinions. The cases seemingly entail two separate braces of opinions. One brace included decisions which affirmed tribal sovereignty. The other brace entailed cases which negatively affected tribal sovereignty. These negative decisions generally relied on doctrines such as plenary power, the political question doctrine, or the so- called “guardian-ward” relationship. We argue that the Supreme …