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Tag: Supreme Court

The Supreme Court’s “Silent Revolution” in Indian Law

The Supreme Court’s “Silent Revolution” in Indian Law

I recently had a chance to read through Dewi Ioan Ball’s The Erosion of Tribal Power: The Supreme Court’s Silent Revolution, published in 2016 by the University of Oklahoma Press.  I am teaching my Indian Law and Public Policy course this semester at Geneseo, and I do try to keep up as best I can with the large literature on the field.  So much to read, so little time. What makes Ball’s approach novel is his use of the unpublished…

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On the Notorious RBG and Sherrill

On the Notorious RBG and Sherrill

Many of my friends have a great deal of affection for United States Supreme Court Justice Ruth Bader Ginsburg.  My own enthusiasm for the “Notorious RBG,” however, is tempered by a consideration of the 8-1 opinion she wrote in the case of Sherrill v. Oneida Indian Nation in 2005.  Today is the anniversary of that momentous decision. The Oneida Indian Nation had purchased on the free market lands within the small city of Sherrill, New York, in 1997 and 1998. …

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Oliphant v. Suquamish: Forty Years Ago Today

Oliphant v. Suquamish: Forty Years Ago Today

  Today is the anniversary of the Supreme Court ruling in  Oliphant v. Suquamish, a case that involved a native community along the Salish Sea, a white interloper, and the evisceration of the power of native peoples to govern and preserve order in their communities.  The Court issued its ruling on this date in 1978. When I revised Native America and completed the second edition, I wanted to include more discussion of the role played by the American judiciary in…

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