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Indigenous, Indian, and Aboriginal Law

Indian Commerce Clause

Articles 1 - 7 of 7

Full-Text Articles in Law

Wheeler For Two, Do You Have A Reservation? The Supreme Court's Inconsistent Treatment Of Tribal Sovereignty, Fred Kantrow Mar 2016

Wheeler For Two, Do You Have A Reservation? The Supreme Court's Inconsistent Treatment Of Tribal Sovereignty, Fred Kantrow

Touro Law Review

No abstract provided.

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Constitutional Shadows: The Missing Narrative In Indian Law, Frank Pommersheim Jan 2005

Constitutional Shadows: The Missing Narrative In Indian Law, Frank Pommersheim

Frank Pommersheim

No abstract provided.

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Is There A Little (Or Not So Little) Constitutional Crisis Developing In Indian Law?, Frank Pommersheim Jan 2002

Is There A Little (Or Not So Little) Constitutional Crisis Developing In Indian Law?, Frank Pommersheim

Frank Pommersheim

No abstract provided.

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Conquering The Cultural Frontier: The New Subjectivism Of The Supreme Court In Indian Law, David H. Getches Jan 1996

Conquering The Cultural Frontier: The New Subjectivism Of The Supreme Court In Indian Law, David H. Getches

Publications

For a century and a half, the Supreme Court was faithful to a set of foundation principles respecting Indian tribal sovereignty. Though the United States can abrogate tribal powers and rights, it can only do so by legislation. Accordingly, the Court has protected reservations as enclaves for Indian self-government, preventing states from enforcing their laws and taxes, and holding that even federal laws could not be applied to Indians without congressional permission. Recently, however, the Court has assumed the job it formerly conceded to Congress, considering and weighing cases to reach results comporting with the Justices' subjective notions of what …

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Power And Presumptions; Rules And Rhetoric; Institutions And Indian Law, Deborah A. Geier Jan 1994

Power And Presumptions; Rules And Rhetoric; Institutions And Indian Law, Deborah A. Geier

Law Faculty Articles and Essays

This 1994 article explores how unspoken, underlying presumptions shifted in Supreme Court jurisprudence regarding the analysis of tribal sovereignty.

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Management And Marketing Of Indian Water: From Conflict To Pragmatism, David H. Getches Jan 1988

Management And Marketing Of Indian Water: From Conflict To Pragmatism, David H. Getches

Publications

No abstract provided.

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Civil Liberties Guarantees When Indian Tribes Act As Majority Societies: The Case Of The Winnebago Retrocession, Charles F. Wilkinson Jan 1988

Civil Liberties Guarantees When Indian Tribes Act As Majority Societies: The Case Of The Winnebago Retrocession, Charles F. Wilkinson

Publications

No abstract provided.

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