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The Supreme Court's Indian Problem


The Supreme Court's Indian Problem

From the view of a national decision maker such as a Supreme Court. Justice, there is much more to a simple Indian law case than a dispute between Indians, ...

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

This problem is particularly acute in the body of federal Indian law - which has cast a disastrous shadow on tribal interests. Tribes have lost about three- ...

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

This Article asserts a new theory about why and how the Supreme Court accepts and decides its Indian law docket: the Court identifies an important ...

2023 US Supreme Court decisions impacting Indian Country

The U.S. Supreme Court decision in Haaland v. Brackeen has ultimately upheld and protected tribal sovereignty and thus the protection of Native children. The ...

Indian Child Welfare Act (ICWA) (Haaland v. Brackeen)

In August 2019 , a three-judge panel from the Fifth Circuit reversed the district court's decision. The court's decision affirmed the constitutionality of ICWA, ...

Covering the 'complexity' of federal Indian affairs - Harvard Law School

' But while tribal communities have often seen their rights erode before federal courts, recent Supreme Court rulings may signal new hope for ...

Supreme Court delivers win for Native American tribes in adoption ...

The Supreme Court has been closely divided in two major recent cases about Native American issues. In 2020, the court expanded tribal ...

1823: Supreme Court rules American Indians do not own land

The first of three court cases (the “Marshall Trilogy”) that become the foundation of American Indian law is decided.

Haaland v. Brackeen Affirms the Constitutionality of ICWA

The opinion was seen as a victory in Indian Country—a victory for Tribal sovereignty, Native children and families, and the future of tribes and ...

The Supreme Court and the Rule of Law: Case Studies in Indian Law

This is a truncated version of his article entitled, “The Supreme Court's Indian Problem,” which is scheduled to appear in Hastings Law Journal,. 59 ...

1832: Supreme Court rules US must treat tribes as nations

The third of three court cases (the “Marshall Trilogy”) that become the foundation of American Indian law is decided. Samuel Worcester, a white missionary ...

What Does a Supreme Court Decision Mean for Tribal, State, and ...

Tribal criminal jurisdiction over non-Indians is limited to certain domestic-violence-related crimes. Benefits to Tribal Sovereignty and Criminal Justice. The ...

Does It Matter That Neil Gorsuch Is Committed to Native American ...

v. Navajo Nation et al., the Supreme Court dealt the tribe a serious blow. The case involved the future division of the waters of the Colorado ...

Supreme Court Considers Native American Preferences and ...

The Supreme Court has long recognized that federal regulation of Indian affairs is based on permissible political classifications rather than impermissible ...

The Supreme Court's Indian Problem - KC Works

The Supreme Court's Indian Problem. Matthew L.M. Fletcher. Content Details Contributors Analytics Subjects Files. Description. Article published in the  ...

The Reign of Three Sovereigns: Jurisdictional Puzzles in Indian ...

Judge Martin relayed the Supreme Court's 2021 decision in United States v. Cooley, unanimously holding tribal courts do not have criminal ...

Beyond the Indian Commerce Clause - The Yale Law Journal

The Supreme Court has described the Indian Commerce Clause as the primary constitutional basis for federal exclusive and plenary power over Indian affairs.

Marshall Trilogy | Tribal Governance - University of Alaska Fairbanks

The Court went on to say that the Indians did not own land outright, but that they had rights to occupy lands and only the discovering nation (U.S.) could ...

The Supreme Court gave states more power over tribal land. Tribes ...

The court's ruling in Oklahoma v. Castro-Huerta is a heavy blow to the sovereignty of tribes over their land and governance, federal Indian law ...

21-376 Haaland v. Brackeen (06/15/2023) - Supreme Court

And the. Court has recognized Congress's power to displace the jurisdiction of state courts in adoption proceedings involving Indian children.