Carla D. Pratt has published “Indianness as Property” in the B.U. Law Review.

Abstract:

This Article expands upon the seminal work by Cheryl Harris entitled Whiteness as Property by exploring the intersection of race and property through Indianness. Indianness has been constructed as a form of property
conferring rights and privileges to its holders which this Article examines through the inertial relationship between race and legal status. Tracing the historical evolution of Indianness from the slavery era to the modern era demonstrates the complex relationship between tribal sovereignty, citizenship and Indian identity. This legal history contextualizes contemporary disputes over who can enjoy tribal citizenship and be Indian. This Article advocates for a reevaluation of Indianness that it is not grounded in notions of race and property, but rather sovereignty, history and culture, asserting that broadening the conception of Indianness will strengthen tribal sovereignty.

There are three responses (one forthcoming) to this paper:

Rejecting the Racialization of Indianness
Andrea J. Martin

Nanaboozhoo and Derrick Bell Go for a Walk
Matthew L.M. Fletcher