Lost “Indian Law” Article by Justice Scalia

Matthew L.M. Fletcher

Kate Fort dug this up — it’s a Michigan Law Review article from then-Professor Scalia on federal sovereign immunity in the context of public lands cases, pre-APA. Most of the cases he discusses involving Indian lands. His aversion to federal common law is apparent at the end of the article.

Here are the cases:

Minnesota v. Hitchcock (1902)

Oregon v. Hitchcock (1906)

Naganab v. Hitchcock (1906)

Kansas v. United States (1907)

Garfield v. United States ex rel. Goldsby (1908)

Here’s the article: Scalia Public Lands Article