Abstract

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Assumptions Regarding Indians and Judicial Humility: Thoughts from a Property Law Lens

Ezra Rosser
American University - Washington College of Law

Court Review, Vol. 45, No. 40, 2009
American University, WCL Research Paper No. 2009-34

Abstract:
Negative assumptions regarding Indians can be found in the recent decisions of the U.S. Supreme Court and attention to these assumptions is required if courts are to base their decisions on how Indians and non-Indians actually impact each other. This brief article uses a property and liability rules framework to argue for judicial restraint when considering cases that could limit tribal soveriegnty

Keywords: Indian, Sovereignty, Oneida, Calabresi and Melamed

Accepted Paper Series

Date posted: October 24, 2009 ; Last revised: November 18, 2009

Suggested Citation

Rosser, Ezra, Assumptions Regarding Indians and Judicial Humility: Thoughts from a Property Law Lens (October 15, 2009). Court Review, Vol. 45, No. 40, 2009; American University, WCL Research Paper No. 2009-34. Available at SSRN: http://ssrn.com/abstract=1491962

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Contact Information

Ezra Rosser (Contact Author)

American University - Washington College of Law ( email )

4801 Massachusettes Ave, NW
Washington, DC 20016
United States

HOME PAGE: http://www.wcl.american.edu/faculty/