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Preemption And The Dormant Commerce Clause: Implications For Federal Indian Law, Stephen Feldman
Preemption And The Dormant Commerce Clause: Implications For Federal Indian Law, Stephen Feldman
Stephen M. Feldman
In 1832, the Supreme Court held that states could not extend their laws into Indian country, but over the years the Court has allowed greater and greater state incursions. The Court now recognizes two partial barriers to state power in Indian country: first, any state law that infringes on tribal sovereignty is barred; second, any state law that is preempted by federal law is also barred. Nonetheless, the Court has not clearly identified the sources of constitutional power underlying either of these barriers to state power. This Article argues that each barrier to state power springs from, and should be …
"The Defects Of Better Motives": Reflections On Mr. Meese's Jurisprudence Of Original Intention, Harry F. Tepker Jr.
"The Defects Of Better Motives": Reflections On Mr. Meese's Jurisprudence Of Original Intention, Harry F. Tepker Jr.
Harry F. Tepker Jr.
No abstract provided.
Judicial Independence And The Rule Of Law, Jonathan K. Van Patten
Judicial Independence And The Rule Of Law, Jonathan K. Van Patten
Jonathan Van Patten
No abstract provided.
Felix S. Cohen And His Jurisprudence: Reflections On Federal Indian Law, Stephen M. Feldman
Felix S. Cohen And His Jurisprudence: Reflections On Federal Indian Law, Stephen M. Feldman
Stephen M. Feldman
In 1942, Felix S. Cohen published the Handbook of Federal Indian Law, the first synthesis of that field. At that time, Cohen was renowned as a legal philosopher, a member of the American legal realist movement, and a leading advocate for Native Americans. The primary purpose of this Article is to relate Cohen's realist jurisprudence to the development of federal Indian law. The thesis is that Cohen's jurisprudence profoundly affected his writing of the Handbook, which, in turn, profoundly affected the development of contemporary federal Indian law. The United States Supreme Court has effectively adopted Cohen's realist method for resolving …