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...
Bringing Balance to Indian Gaming, Harvard Journal on Legislation (2007)
This Article proposes to codify the revenue sharing agreements already implemented, assuming the tribe...
Rethinking Customary Law in Tribal Court Jurisprudence, Michigan Journal of Race & Law (2007)
Customary law still appears in many of the decisions of American state and federal courts....
Book Review -- Making Indian Law: The Hualapai Land Case and the Birth of Ethnohistory, American Indian Culture and Research Journal (2007)
Same-Sex Marriage, Indian Tribes, and the Constitution, University of Miami law Review (2006)
A same-sex marriage amendment, depending on the text, might serve to incorporate Indian tribes into...
The Iron Cold of the Marshall Trilogy, North Dakota Law Review (2006)
This article examines the Marshall Trilogy of federal Indian law from numerous perspectives - legal...
Toward a Theory of Intertribal and Intratribal Common Law, Houston Law Review (2006)
Courts and scholars refer to the substantive common law applied by tribal courts in...
Indian Treaties and the Survival of the Great Lakes (with Wenona T. Singel), Michigan State Law Review (2006)
Looking to the East: The Stories of Modern Indian People and the Development of Tribal Law, Seattle Journal for Social Justice (2006)
The Power to Tax, the Power to Destroy, and the Michigan Tribal-State Tax Agreements, University of Detroit Law Review (2004)
The Drug War on Tribal Government Employees: Adopting the Ways of the Conqueror, Columbia Human Rights Law Review (2003)
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...