Formalism and Judicial Supremacy in Federal Indian Common Law
Alexander Tallchief Skibine
University of Utah - S.J. Quinney College of Law
American Indian Law Review, Forthcoming
U of Utah Legal Studies Paper No. 08-08
In this article, Professor Skibine shows how in the last thirty years or so, the United States Supreme court has taken legal principles based on functionalism and transformed them into inflexible rules based on formalism. This has allowed the Court not only to rule against Indian tribal interests in 80% of its cases but also to achieve judicial supremacy in the field of Federal Indian law.
Number of Pages in PDF File: 49
Keywords: Formalism, Indian tribes, Federal Common Law, Federal Indian LawAccepted Paper Series
Date posted: August 21, 2008 ; Last revised: July 13, 2010
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