Here:
Current Issue: Vol. 11, No. 2 (2011)
Front Page
Indian Law
- Article: Race and American Indian Tribal Nationhood, by Matthew L.M. Fletcher
- Article: American Indians, the Doctrine of Discovery, and Manifest Destiny, by Robert J. Miller
- Article: American Indian Customary Law in the Modern Courts of American Indian Nations, by Justice Raymond D. Austin
- Article: Disruption and Impossibility: The New Laches and the Unfortunate Resolution of the Modern Iroquois Land Claims, by Kathryn Fort
As if we needed more proof that this Court is casually dismissive of the entire notion of tribal sovereignty. From today’s decision in PPL v. Montana:
“As the litigation history of this case shows, Montana filed its claim for riverbed rent over a century after the first of the dams was built upon the riverbeds. Montana had not sought compensation before then, despite its full awareness of PPL’s hydroelectric projects and despite the State’s own participation in the projects’ federal licensing process. While this Court does not reach the question, it may be that by virtue of the State’s sovereignty, neither laches nor estoppel could apply in a strict sense to bar the State’s much belated claim.”
But tribal sovereignty obviously isn’t good enough.