Formalism and Judicial Supremacy in Federal Indian Common Law

American Indian Law Review, Forthcoming

U of Utah Legal Studies Paper No. 08-08

49 Pages Posted: 21 Aug 2008 Last revised: 13 Jul 2010

Alexander Tallchief Skibine

University of Utah - S.J. Quinney College of Law

Abstract

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.

Keywords: Formalism, Indian tribes, Federal Common Law, Federal Indian Law

Suggested Citation

Skibine, Alexander Tallchief, Formalism and Judicial Supremacy in Federal Indian Common Law. American Indian Law Review, Forthcoming; U of Utah Legal Studies Paper No. 08-08. Available at SSRN: https://ssrn.com/abstract=1241462

Alexander Tallchief Skibine (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

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