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

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 sovereignty.

Keywords: Indian, Sovereignty, Oneida, Calabresi and Melamed

Accepted Paper Series