Kate Fort dug this up — it’s a Michigan Law Review article from then-Professor Scalia on federal sovereign immunity in the context of public lands cases, pre-APA. Most of the cases he discusses involving Indian lands. His aversion to federal common law is apparent at the end of the article.
Eleventh Amendment
Ottawa Tribe of Oklahoma v. Speck Materials
Here are materials relating to the Ottawa Tribe of Oklahoma’s attempts to establish hunting and fishing rights to their aboriginal homelands in Ohio.
Texas v. United States Materials (Corrected)
Here are the briefs in the Texas v. United States case re: the Class III Procedures.
The opinion is here: Opinion
Turtle Talk 