THE SPECTER OF INDIAN REMOVAL
WT Allread - Columbia Law Review, 2023 - JSTOR
In the 2022 case of Oklahoma v. Castro-Huerta, the Supreme Court departed from one of the
foundational cases in federal Indian law, Worcester v. Georgia. Chief Justice John Marshall's …
foundational cases in federal Indian law, Worcester v. Georgia. Chief Justice John Marshall's …
Constraining Certiorari Using Administrative Law Principles
KA Watts - U. Pa. L. Rev., 2011 - HeinOnline
The US Supreme Court today enjoys nearly unfettered discretion to choose which cases to
hear via the discretionary writ of certiorari.'Various statutes enacted by Congress from 1891 …
hear via the discretionary writ of certiorari.'Various statutes enacted by Congress from 1891 …
The Lottery Docket
D Epps, W Ortman - Mich. L. Rev., 2017 - HeinOnline
The Supreme Court today has nearly boundless power to decide which cases it will hear.
This was not always so. Until 1891, litigants in many classes of cases could appeal to the …
This was not always so. Until 1891, litigants in many classes of cases could appeal to the …
Has Federal Indian Law Finally Arrived at" The Far End of the Trail of Tears"?
AE Tweedy - Ga. St. UL Rev., 2020 - HeinOnline
ABSTRACT This Article examines the United States Supreme Court's July 9, 2020 decision
in McGirt v. Oklahoma, which held that the historic boundaries of the Creek reservation …
in McGirt v. Oklahoma, which held that the historic boundaries of the Creek reservation …
Weaponizing Peace
Y Joshi - Colum. L. Rev., 2023 - HeinOnline
Almost two centuries separate the statements above, yet both address the same issue: a
state's authority to exercise its jurisdiction over Cherokee Nation territory lying within the …
state's authority to exercise its jurisdiction over Cherokee Nation territory lying within the …
How Circuits Can Fix Their Splits
WG Sassman - Marq. L. Rev., 2019 - HeinOnline
Conflicts in the interpretation of federal law between two regional circuits of the federal
courts of appeals--commonly known as" circuit splits"-have vexed the federal courts for well …
courts of appeals--commonly known as" circuit splits"-have vexed the federal courts for well …
It Wasn't an Accident: The Tribal Sovereignty Immunity Story
W Wood - Am. UL Rev., 2012 - HeinOnline
This Article tells the story of the tribal sovereign immunity doctrine. Parts of the story have
been told elsewhere, but no one has yet told the full account and put tribal sovereign …
been told elsewhere, but no one has yet told the full account and put tribal sovereign …
Commandeering confrontation: A novel threat to the Indian child welfare act and tribal sovereignty
L Gale, K McClure - Yale L. & Pol'y Rev., 2020 - HeinOnline
When Alvetta James, the daughter of a Navajo medicine woman, attempted to adopt her
great-nephew, baby ALM, she stepped directly into the crosshairs of a powerfully organized …
great-nephew, baby ALM, she stepped directly into the crosshairs of a powerfully organized …
Tribal consent
MLM Fletcher - Stan. JCR & CL, 2012 - HeinOnline
Indian Consent to American Government. 2 Professor Collins questioned whether Indian
tribes ever" consented" to American government, and whether usual principles of consent …
tribes ever" consented" to American government, and whether usual principles of consent …
Native Nations and the Constitution: An Inquiry into" Extra-Constitutionality"
AR Riley - Harv. L. Rev. F., 2016 - HeinOnline
F ederal Indian law is oftentimes characterized as a niche and dis-crete area of law, but this
depiction really misstates the breadth and relevance of the field. Federal Indian law is a …
depiction really misstates the breadth and relevance of the field. Federal Indian law is a …