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Full-Text Articles in Law

The Original Understanding Of The Political Status Of Indian Tribes, Matthew L.M. Fletcher Dec 2008

The Original Understanding Of The Political Status Of Indian Tribes, Matthew L.M. Fletcher

Matthew L.M. Fletcher

This Article will demonstrate that virtually all elements of Indian affairs can be traced to the decision of the United States to recognize Indian tribes as political entities and to make Indian law and policy based on the political status of Indian tribes. Indian law is often assumed to be race law. As a result, observers tend to try to force Indian law into the constitutional race law paradigm. Justice Blackmun’s footnote 24 in Morton v. Mancari – describing federal legislation and rules relating to Indian tribes as a political classification – hit upon the proper understanding of Indian law. …


Growing Threat To Land-In-Trust Statute, Matthew L.M. Fletcher May 2008

Growing Threat To Land-In-Trust Statute, Matthew L.M. Fletcher

Matthew L.M. Fletcher

No abstract provided.


Tribes' Economic Plans Stifled By Policy, Matthew L.M. Fletcher Feb 2008

Tribes' Economic Plans Stifled By Policy, Matthew L.M. Fletcher

Matthew L.M. Fletcher

No abstract provided.


The Supreme Court's Indian Problem, Matthew L.M. Fletcher Feb 2008

The Supreme Court's Indian Problem, Matthew L.M. Fletcher

Matthew L.M. Fletcher

No abstract provided.


Indian Tribal Businesses And The Off-Reservation Market, Matthew L.M. Fletcher Jan 2008

Indian Tribal Businesses And The Off-Reservation Market, Matthew L.M. Fletcher

Matthew L.M. Fletcher

American Indian tribes once operated regional trade centers, with broad geographical impact. With the arrival of European traders and settlers, this system began to erode, and later, the treaty and reservation system effectively eliminated the regional Indian economic market. Under the policies of measured separatism and assimilation, American Indians had no broad geographic power. Recently, as the policy of self-determination has taken hold, Indian tribes have begun to assert their economic power through federal government contracts, casino gaming, and trade agreements with foreign governments. This Article argues that this rising involvement has caused a backlash, and that holdover American government …


Indian Tribal Businesses And The Off-Reservation Market, Matthew L.M. Fletcher Jan 2008

Indian Tribal Businesses And The Off-Reservation Market, Matthew L.M. Fletcher

Matthew L.M. Fletcher

No abstract provided.