Angela Riley: “Native American Lands and the Supreme Court”

Angela Riley has posted her very impressive paper, “Native American Lands and the Supreme Court,” published in the Journal of Supreme Court History, on SSRN.

Here is the abstract:

The Supreme Court has been instrumental in defining legal rights and obligations pertaining to Indian lands since its first path-making decision in the field in Johnson v. McIntosh in 1823. But the groundwork for the Court’s contemplation of such cases predates Supreme Court jurisprudence, and it in fact predates the formation of the Court and the United States itself.

When Europeans first made contact with this continent, they encountered hundreds of indigenous, sovereign nations representing enormous diversity in terms of language, culture, religion, and governance. For those indigenous groups — as is a common attribute of indignity of similarly situated indigenous groups around the world — this land was and is holy land. Indigenous creation stories root Indian people in this continent — Turtle Island to many — as the focal point of life, creation, religion, culture, and language. In the settlement of the country, the colonial powers initially — and the United States subsequently — treated with Indian nations to negotiate the transfer of lands from Indians to Europeans, often in exchange for peace or protection.

Prof. Riley had previously presented this paper to the Supreme Court historical society, which was televised on C-SPAN.

C-SPAN: Angela Riley on “Native American Lands in the Supreme Court” before the Supreme Court Historical Society

From the website:

Angela Riley spoke in the Supreme Court chamber about the history of the Supreme Court and Native American lands. The lecture, which took place in the Supreme Court chamber, was one in a series hosted by the Supreme Court Historical Society on the Constitution, the Supreme Court, and property rights. Justice Ruth Bader Ginsburg introduced Professor Riley.

Video here.