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Same-Sex Marriage, Indian Tribes, And The Constitution, Matthew L.M. Fletcher
Same-Sex Marriage, Indian Tribes, And The Constitution, Matthew L.M. Fletcher
Matthew L.M. Fletcher
A same-sex marriage amendment, depending on the text, might serve to incorporate Indian tribes into the federal union as the third sovereign. The Constitution has not been amended to incorporate Indian tribes into the federal union, rendering their place in Our Federalism uncertain and unpredictable. A same-sex marriage amendment that applies to limit or expand tribal authority to recognize or authorize same-sex marriage could constitute an implicit recognition of Indian tribes as the third sovereign in the American system of federalism. Even an amendment that excludes mention of Indian tribes may have something to say about Indian tribes as the …
Toward A Theory Of Intertribal And Intratribal Common Law, Matthew L.M. Fletcher
Toward A Theory Of Intertribal And Intratribal Common Law, Matthew L.M. Fletcher
Matthew L.M. Fletcher
Courts and scholars refer to the substantive common law applied by tribal courts in the United States using the monolithic term “tribal common law,” but in fact tribal common law can and should be subdivided into two major categories of law – “intertribal common law” and “intratribal common law.” “Intertribal common law” is the common law applied by tribal courts to cases arising out of Anglo-American legal constructs, such as employment contracts or housing leases. “Intratribal common law” is the common law applied by tribal courts to cases arising out of indigenous legal constructs, such as family and inheritance rules …