Tribal Law
Article
The Three Lives of Mamengwaa: Toward an Indigenous Canon of Construction
Many of the intractable political disputes that plague tribal nations can be traced to the reliance on legal principles that are poor fits in Indigenous contexts. I suggest the acknowledgment of an Indigenous canon of construction of tribal laws by tribal judiciaries that will benefit legal developm…
Forum
(Re)Solving the Tribal No-Forum Conundrum: Michigan v. Bay Mills Indian Community
Michigan v. Bay Mills Indian Community, a dispute over a controversial off-reservation Indian casino, is the latest opportunity for the Supreme Court to address the doctrine of tribal sovereign immunity. The Court could hand Michigan a big win by broadly abrogating tribal immunity, and in turn wreak…
Review
Property in All the Wrong Places?
114 Yale L.J. 991 (2005)
In Who Owns Native Culture? and Public Lands and Political Meaning, an anthropologist and a historian document an ever-increasing deployment of property categories in two quite different domains: native people's recent cultural claims in the first book and the longer story o…