The Indian Court of Appeals: A Modest Proposal to Eliminate Supreme Court Jurisdiction Over Indian Cases

34 Pages Posted: 15 Jun 2017

See all articles by Michael C. Blumm

Michael C. Blumm

Lewis & Clark Law School

Michael Cadigan

Lewis & Clark Law School

Date Written: March 14, 1993

Abstract

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

Blumm, Michael C. and Cadigan, Michael, The Indian Court of Appeals: A Modest Proposal to Eliminate Supreme Court Jurisdiction Over Indian Cases (March 14, 1993). Arkansas Law Review, Vol. 46, No. 203, 1993. Available at SSRN: https://ssrn.com/abstract=2986609

Michael C. Blumm (Contact Author)

Lewis & Clark Law School ( email )

10015 S.W. Terwilliger Blvd.
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503-768-6824 (Phone)
503-768-6701 (Fax)

Michael Cadigan

Lewis & Clark Law School

10015 S.W. Terwilliger Blvd.
Portland, OR 97219
United States

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