Contributors
Category Archives: legal history
HCN: “Adoption didn’t solve the ‘Indian Problem’”
By Susan Harness, here.
Posted in Author: Matthew L.M. Fletcher, legal history, News
Tagged BIA urban relocation, Indian Adoption Project
Michigan Radio: “‘We’ve never had justice’: How the Supreme Court rigged land deals against native people”
Here. An excerpt: “In many ways, it’s almost like gaslighting,” Wenona Singel says of the Johnson v. M’Intosh case. “You’re learning about … certain rights that are associated with property rights … knowing all along that these rights have not … Continue reading
Rock Your Mocs — August 16, 2018 — Historic Fort Wayne (Detroit)
Here (pdf):
Posted in Author: Matthew L.M. Fletcher, legal history, Michigan Indian
Tagged Michigan History Center
New Scholarship on Felix Cohen
Here is “‘Felix Cohen Was the Blackstone of Federal Indian Law’: Taking the Comparison Seriously,” by Adrien Habermacher, forthcoming in the British Journal of American Legal Studies. Here is the abstract: This paper explores thoroughly the many facets of Rennard … Continue reading
Posted in Author: Matthew L.M. Fletcher, legal history, Scholarship
Tagged Felix Cohen
Greg Ablavsky Commentary on Upper Skagit Decision
Gregory Ablavsky has posted “Upper Skagit v. Lundgren: Deceptively Straightforward Case Raises Fundamental Questions about Native Nations, History, and Sovereignty” on Stanford Law School’s blog. Here are excerpts: This decision provoked the ire of Justice Thomas, who, in a lengthy … Continue reading
Fletcher Review of David Grann’s “Killers of the Flower Moon”
Here is “Failed Protectors: The Indian Trust and Killers of the Flower Moon,” forthcoming in the Michigan Law Review. Abstract: This Review uses Killers of the Flower Moon as a jumping off point for highlighting for readers how so many Indian … Continue reading
Gregory Ablavsky on Indian Law and Legal History
Gregory Abalvsky has posted “History, Power, and Federal Indian Law” on Process, the blog of the Organization of American Historians, The Journal of American History, and The American Historian. An excerpt: Indian law is not unique in involving judicial uses of history. But not only … Continue reading
Posted in Author: Matthew L.M. Fletcher, legal history, Research
Tagged Gregory Ablavsky
Gregory Ablavsky Guest Post: What Justice Thomas Gets Wrong About Constitutional History: Part 2—Ratification, Natelson, and Territorial Integrity
Professor Ablavsky is the author of “Beyond the Commerce Clause.” Part I is here. What Justice Thomas Gets Wrong About Constitutional History: Part 2—Ratification, Natelson, and Territorial Integrity One interesting aspect about Upstate Citizens is the underlying dispute’s highly ironic … Continue reading
Greg Ablavsky Guest Post: What Justice Thomas Gets Wrong About Constitutional History: Part I—the Indian Commerce Clause
SCOTUS denied cert in two cases challenging the constitutionality of Section 5 of the Indian Reorganization Act, the statute that authorizes the Secretary of the Interior to take land into trust for Indian tribes. The petitions are here and here. … Continue reading
