Arizona v. Navajo Nation: SCOTUS Zags Back
A key part of the majority opinion seems to conflict with the majority opinion in an Indian law case decided just a few days earlier.
Arizona v. Navajo Nation: SCOTUS Zags Back Read More »
The Cult of Advocacy: Comments on the State of Legal Scholarship—With Examples from Professor Ablavsky’s Latest Response
Many writings by law professors merely serve a political agenda and do not meet the minimal qualifications for real scholarship
The Constitution’s rules for relations with Indian tribes: part II
The leading myth in Indian law is that the Constitution gives Congress “plenary” (absolute) authority over Indian affairs.
The Constitution’s rules for relations with Indian tribes: part II Read More »
The Supreme Court’s recent—and sweeping—Indian Law cases: part I
One reason the votes in these cases were so close is that the law of tribal sovereignty is chaotic.
The Supreme Court’s recent—and sweeping—Indian Law cases: part I Read More »
A "Prestige Journal" Effort to Rebut Rob
Most of the “prestige” law journals have shown no interest in publishing my articles, including those that later turned out
A "Prestige Journal" Effort to Rebut Rob Read More »
Do the Feds Belong in Indian Adoption Law? (Together with another Natelson citation in the Supreme Court and an acknowledgment of Lisa Morris)
(Note: This is the second of several short commentaries on recent Supreme Court decisions.) There is little more heart-rending than