The Indian Court of Appeals: A Modest Proposal to Eliminate Supreme Court Jurisdiction Over Indian Cases
34 Pages Posted: 15 Jun 2017
Date Written: March 14, 1993
In a symposium on the future of Indian law, this article suggests that the future would be brighter if the Congress eliminated Supreme Court jurisdiction over Indian cases. The article contends that during the two decades prior to the article's publication, the Court strayed badly from foundational principles of Indian jurisprudence, undermining both tribal sovereignty and Indian property rights. The article maintained that there was no constitutional impediment to eliminating Court jurisdiction over Indian law cases and a number of policy reasons for doing so.
Keywords: Indian law, tribal sovereignty, Indian property rights, jurisprudence, congressional control over Supreme Court jurisdiction
JEL Classification: H11, H41, K11, K49, Q58, R58
Suggested Citation: Suggested Citation