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The Ethics of Pushing the Envelope in Indian Law Cases

Matthew L. M. Fletcher
Michigan State University College of Law

February 20, 2009

MSU Legal Studies Research Paper No. 07-01

Abstract:
This research paper, prepared for the University of Colorado/Denver University symposium Native Americans, Race, and the Constitution, offers an overview of the law relating to pushing the envelope - or seeking to extend or curb federal Indian law doctrines - without entering the territory of filing sanctionable frivolous claims under FRCP 11 and Federal Appellate Rule 38. This research covers cases in which attorneys and parties faced sanctions for failing to properly alleged federal court jurisdiction in Indian law cases, bringing frivolous appeals, and relitigating tribal claims again and again. The research suggests ways to bring claims for law reform in good faith.

Keywords: Rule 11, Appellate Rule 38, frivolous claims

Working Paper Series

Date posted: February 20, 2009 ; Last revised: February 20, 2009

Suggested Citation

Fletcher, Matthew L. M., The Ethics of Pushing the Envelope in Indian Law Cases (February 20, 2009). MSU Legal Studies Research Paper No. 07-01. Available at SSRN: http://ssrn.com/abstract=1346938

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Contact Information

Matthew L. M. Fletcher (Contact Author)

Michigan State University College of Law ( email )

368 Law College Building
East Lansing, MI 48824-1300
United States