A Constitutional Crisis When the U.S. Supreme Court Acts in a Legislative Manner? An Essay Offering a Perspective on Judicial Activism in Federal Indian Law and Federal Civil Procedure Pleading Standards

Penn State Law Review Penn Statim, Vol. 114, No. 41, 2010

10 Pages Posted: 15 Jul 2010  

Angelique EagleWoman

Mitchell Hamline School of Law

Date Written: July 14, 2010

Abstract

This essay will examine the U.S. Supreme Court’s judicial activism in relation to federal Indian law as a beginning point to discuss the recent introduction of the “plausibility” requirement in federal pleading sufficiency determinations. By examining the decisional law in the field of federal Indian law, the claimed power by the Court to redefine the legal status of Tribal Nations will become apparent. Next, the consequences of the U.S. Supreme Court’s unfettered ability to reshape law and limit access to the federal courts will be discussed. Finally, the essay will offer some conclusions on the constitutional crisis presented by the Court’s lack of judicial restraint in the legislative and political arenas.

Keywords: Judicial, Civil Procedure, Federal Indian Law, U.S. Constitutional Law

JEL Classification: Z10

Suggested Citation

EagleWoman, Angelique, A Constitutional Crisis When the U.S. Supreme Court Acts in a Legislative Manner? An Essay Offering a Perspective on Judicial Activism in Federal Indian Law and Federal Civil Procedure Pleading Standards (July 14, 2010). Penn State Law Review Penn Statim, Vol. 114, No. 41, 2010. Available at SSRN: https://ssrn.com/abstract=1640034

Angelique EagleWoman (Contact Author)

Mitchell Hamline School of Law ( email )

875 Summit Ave
St. Paul, MN 55105-3076
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
61
rank
330,227
Abstract Views
477
PlumX