American Indian Law Review, Forthcoming
49 Pages Posted: 21 Aug 2008 Last revised: 13 Jul 2010
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: 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