Indian Law

Arizona v. Navajo Nation: SCOTUS Zags Back 0
- June 27, 2023
A key part of the majority opinion seems to conflict with the majority opinion in an Indian law case decided just a few days earlier.
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The Cult of Advocacy: Comments on the State of Legal Scholarship—With Examples from Professor Ablavsky’s Latest Response 0
- October 23, 2022
Many writings by law professors merely serve a political agenda and do not meet the minimal qualifications for real scholarship
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The Constitution’s rules for relations with Indian tribes: part II 0
- July 19, 2022
The leading myth in Indian law is that the Constitution gives Congress “plenary” (absolute) authority over Indian affairs.
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The Supreme Court’s recent—and sweeping—Indian Law cases: part I 0
- July 19, 2022
One reason the votes in these cases were so close is that the law of tribal sovereignty is chaotic.
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A "Prestige Journal" Effort to Rebut Rob 0
- August 3, 2015
Most of the “prestige” law journals have shown no interest in publishing my articles, including those that later turned out to be influential. This is not surprising, since year after year those journals remain firmly in the hands of the legal Left. But the prestige journals have shown considerable interest in publishing articles that cite
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Do the Feds Belong in Indian Adoption Law? (Together with another Natelson citation in the Supreme Court and an acknowledgment of Lisa Morris)0
- July 3, 2013
(Note: This is the second of several short commentaries on recent Supreme Court decisions.) There is little more heart-rending than the sorrow of a child. The sorrow of a child—and of her adoptive parents—created one of the Supreme Court’s more compelling cases this term. I was happy to be cited extensively in one of the
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