The Ethics of Pushing the Envelope in Indian Law Cases
32 Pages Posted: 20 Feb 2009
Date Written: February 20, 2009
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
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