New Scholarship on U.S. v. Tohono O’odham Nation

Craig A. Schwartz has published Footloose: How to Tame the Tucker Act Shuffle After United States v. Tohono O’odham Nation in the UCLA Law Review Discourse.

The article has very little to do with Indian law, but demonstrates (if you read between the lines a bit) how the United States probably used all of the Indian claims cases now being dismissed en masse to also wipe out a class of claims based on regulatory takings. If the CFC “shuffle” case had arisen in the regulatory takings context, imagine how Scalia, J. would have reacted.