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...
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...
Bringing Balance to Indian Gaming, Harvard Journal on Legislation (2007)
This Article proposes to codify the revenue sharing agreements already implemented, assuming the tribe...
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Unpublished Papers
The New Federal Indian Law (2007)
While many scholars suggest that the Court’s conservative views drive these Indian law decisions and...