I have posted the data so far in chart form for my ongoing study on the impact of American Indian legal scholarship on the judiciary. The draft paper, which will be available on a limited basis at the Berkeley conference on Phil Frickey’s legacy, is called “American Indian Legal Scholarship and the Courts.” The data is available on SSRN here.
Here is the abstract for the appendices:
“American Indian Legal Scholarship and the Courts” is a forthcoming article that includes charts representing data on the citation patters of federal, state, and tribal courts to American Indian legal scholarship (defined as law review and similar publications focused on American Indian law). This paper includes three appendices in the form of simple charts that organize that data. Appendix 1 is a chart of Supreme Court opinions dating back to 1959 that include citations to Indian law review articles. Appendix 2 is a chart of law review articles cited in lower federal, state, and tribal courts since 1959, organized by article. Appendix 3 is the same chart reversed, with the chart organized by case first.
A few years before his untimely death the renowned Indian law scholar Phillip Frickey delivered a lecture at the University of Kansas citing the “failure of scholarship in federal Indian law” to “grapple with the law on the ground in Indian country” or to educate a judiciary that has little knowledge of Native culture. In the aftermath of Professor Frickey’s critique of the abstract writing of law professors, some academics accepted his challenge and expanded their scholarship to address the problems requiring solutions in Indian country. Many of these efforts have been accomplished in partnership with tribal leaders and in response to their expressed needs. Yet significantly more needs to be done. In the face of increasing hostility to Indian law claims in the federal courts, it is imperative for Indian law scholars to assume some of the responsibility for educating the judiciary about Indian country. Moreover, as courthouse doors are closing, it is necessary for tribes, their counsel, and Indian law scholars to expand their audiences and to search for remedies beyond the courts.
This symposium will highlight the challenges facing tribal communities today and ways in which Indian law scholarship has contributed to tackling the issues “on the ground in Indian country.” While recognizing the success stories, the participants will also be encouraged to redouble their efforts, to stretch themselves beyond their usual comfort zones, and to raise the bar for the academy.
A few years before his untimely death the renowned Indian law scholar Phillip Frickey delivered a lecture citing the “failure of scholarship in federal Indian law to grapple with the law on the ground in Indian country” and encouraged his colleagues to educate a judiciary with little knowledge of Native culture.
This symposium will bring together tribal leaders, jurists, Indian law scholars and practitioners to highlight the challenges facing tribal communities today and to explore ways in which the legal academy can contribute to meeting those challenges.
Symposium agenda and registration details to follow.