From Foundational Law to Limiting Principles in Federal Indian Law

27 Pages Posted: 25 Oct 2018 Last revised: 13 Nov 2018

See all articles by Alexander Tallchief Skibine

Alexander Tallchief Skibine

University of Utah - S.J. Quinney College of Law

Date Written: 2018

Abstract

In this Article, I am arguing that one of the reasons animating the Court’s move away from Justice Marshall’s exceptionalism is its fear that under traditional foundational principles of federal Indian law, Indian tribes may gain what the court subjectively perceives to be “unfair” advantages over non-Indians. Therefore, the Court has been looking for limiting principles tending to achieve level playing fields between tribal and non-tribal actors. This Article also argues, however, that while looking for a level playing field may sound like a worthwhile goal, there are many pitfalls involved in this process that may end up hurting tribal sovereign interests.

Suggested Citation

Skibine, Alexander Tallchief, From Foundational Law to Limiting Principles in Federal Indian Law (2018). Montana Law Review (Forthcoming); University of Utah College of Law Research Paper No. 293. Available at SSRN: https://ssrn.com/abstract=3272355 or http://dx.doi.org/10.2139/ssrn.3272355

Alexander Tallchief Skibine (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
120
Abstract Views
658
rank
231,686
PlumX Metrics