New Scholarship on the “Bad Men” Clause in the Sherman Treaties

James D. Leach has published “Bad Men Among the Whites” Claims After Richard v. United States” in the New Mexico Law Review.

An excerpt:

This article contends that Richard provides Indians with exactly what they bargained for and received when their tribes negotiated and signed treaties with the United States. The government is unlikely to return the parties to their pre-agreement status by returning to Indians the lands they gave up in treaties. The right of Indians to receive what the government promised them in exchange for large amounts of tribal land would seem to be beyond moral or legal dispute. But as we will see, even these seemingly self-evident principles are now disputed.

Our post on the Richard case is here.