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From Foundational Law to Limiting Principles in Federal Indian Law
| Content Provider | Scilit |
|---|---|
| Author | Skibine, Alexander Tallchief |
| Copyright Year | 2018 |
| Description | Journal: SSRN Electronic Journal 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. |
| Related Links | https://dc.law.utah.edu/cgi/viewcontent.cgi?article=1133&context=scholarship https://papers.ssrn.com/sol3/Delivery.cfm?abstractid=3272355 |
| ISSN | 10914358 |
| e-ISSN | 15565068 |
| DOI | 10.2139/ssrn.3272355 |
| Journal | SSRN Electronic Journal |
| Language | English |
| Publisher | Elsevier BV |
| Publisher Date | 2018-01-01 |
| Access Restriction | Open |
| Subject Keyword | Journal: SSRN Electronic Journal Religion and Religious Studies |
| Content Type | Text |
| Resource Type | Article |
| Subject | Public Health, Environmental and Occupational Health Psychiatry and Mental Health |
