Dean Kevin Washburn has posted his paper, “The Next Great Generation of American Indian Law Judges,” on SSRN. The paper is forthcoming from the University of Colorado Law Review.
Here is the abstract:
This short essay, which was the keynote address at a conference of the same title in 2010, argues that the best predictors of good Indian law judging are education, familiarity and experience. People who have been raised believing that there are only two orders of government in the United States are often surprised when they encounter the legal existence of Indian tribes. Most judges become more comfortable with notions of tribal sovereignty after prolonged exposure to cases discussing those principles. Thus, educating all Americans about Indian tribes in primary and secondary education would produce better policy-makers in general and better judges for Indian law cases.
Turtle Talk 