Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Textualism’S Gaze, Matthew L.M. Fletcher
Textualism’S Gaze, Matthew L.M. Fletcher
Michigan Journal of Race and Law
This Article attempts to address why textualism distorts the Supreme Court’s jurisprudence in Indian law. I start with describing textualism in federal public law. I focus on textualism as described by Justice Scalia, as well as Scalia’s justification for textualism and discussion about the role of the judiciary in interpreting texts. The Court is often subject to challenges to its legitimacy rooted in its role as legal interpreter that textualism is designed to combat.
Litigating For The Homeland: An Indian Treaty Framework To Climate Litigation In The Wake Of Juliana, Evan Neustater
Litigating For The Homeland: An Indian Treaty Framework To Climate Litigation In The Wake Of Juliana, Evan Neustater
Michigan Journal of Environmental & Administrative Law
Climate change is an increasingly pressing issue on the world stage. The federal government, however, has largely declined to address any problems stemming from the effects of climate change, and litigation attempting to force the federal government to take action, as highlighted by Juliana v. United States, has largely failed. This Note presents the case for a class of plaintiffs more likely to succeed than youth plaintiffs in Juliana—federally recognized Indian tribes. Treaties between the United States and Indian nations are independent substantive sources of law that create enforceable obligations on the federal government. The United States maintains a …
Honoring Sally Jewell, Charles Wilkinson