Alex Skibine on Formalism and Judicial Supremacy in Federal Indian Common Law

Alex Skibine has posted “Formalism and Judicial Supremacy in Federal Indian Common Law,” forthcoming in the American Indian Law Review. Here is the abstract:

In this article, Professor Skibine shows how in the last thirty years or so, the United States Supreme court has taken legal principles based on functionalism and transformed them into inflexible rules based on formalism. This has allowed the Court not only to rule against Indian tribal interests in 80% of its cases but also to achieve judicial supremacy in the field of Federal Indian law.