Articles
The Original Understanding of the Political Status of Indian Tribes, St. John's Law Review (2008)
This Article will demonstrate that virtually all elements of Indian affairs can be traced to...
Indian Tribal Businesses and the Off-Reservation Market, Lewis & Clark Law Review (2008)
American Indian tribes once operated regional trade centers, with broad geographical impact. With the arrival...
Preconstitutional Federal Power, Tulane Law Review (2007)
In two fields of constitutional law, the Supreme Court has acknowledged that the federal government...
The Supreme Court's Legal Culture War Against Tribal Law, Intercultural Human Rights Law Review (2007)
The law of Indian tribes is under attack by non-Indians, with the most strident and...
"A Perfect Copy": Indian Culture and Tribal Law, Yellow Medicine Review (2007)
A critical area of American Indian law is the resurgence, restoration, and development of tribal...
Contributions to Books
ICWA and the Commerce Clause, The Indian Child Welfare Act at 30: Facing the Future (2007)
Congress enacted the Indian Child Welfare Act, it said, in accordance with its authority...
Editorials
Unpublished Papers
Factbound and Splitless: The Certiorari Process as a Barrier to Justice for Indian Tribes, ExpressO (2009)
The Supreme Court’s certiorari process does more than help the Court parse through thousands of...
Race and American Indian Tribal Nationhood, ExpressO (2009)
American Indian tribes and nations are at a crossroads. One on hand, many tribes like...
Race and American Indian Tribal Nationhood, ExpressO (2009)
As American Indian tribal nations develop the capacity to govern their own citizens, and engage...
Factbound and Splitless: Certiorari and Indian Law, ExpressO (2009)
The Supreme Court has long maintained that the certiorari process is a neutral and objective...
The New Federal Indian Law (2007)
While many scholars suggest that the Court’s conservative views drive these Indian law decisions and...