University of Baltimore Law Review

Angelique EagleWoman on Re-Structuring the Sovereign Relationships between Tribal Nations

Matthew L.M. Fletcher

Angelique EagleWoman has a new paper forthcoming from the University of Baltimore Law Review, “Bringing Balance to Mid-North America: Re-Structuring the Sovereign Relationships between Tribal Nations and the United States.”

Here is the abstract:

The relationships between Tribal Nations and the United States have evolved over time and often in a lopsided manner, with the branches of the U.S. government unilaterally dictating the relationship. International norms require bilateral agreements between governments for full recognition of human rights and to promote peaceful relations. In the foundational Marshall Trilogy cases, Chief Justice John Marshall emphasized the international characteristics of the interactions between Tribal Nations and the newly-formed United States nation-state. The idea of a smaller nation aligning with a larger nation as an international ally is a model worth exploring in analyzing contemporary Tribal Nations’ alignments with the United States. Once the United States gained military strength over Tribal Nations, the United States proceeded, by and large, to take unilateral action against Tribes in mid-North America. This article asserts that bilateralism is required for a peaceful, non-oppressive balance between Tribal Nations and the United States as sovereign governments.

Wisconsin Supreme Court Justice Warns of Constitutional Problems in a Potential “Oliphant Fix”

Matthew L.M. Fletcher

The Honorable Patience Drake Roggensack has published “Plains Commerce Bank’s Potential Collision with the Expansion of Tribal Court Jurisdiction by Senate Bill 3320” in the University of Baltimore Law Review. She concludes:

Congress should deliberate carefully on Senate Bill 3320. While crime on tribal land is a real problem that must be addressed, increasing the subject matter jurisdiction of tribal courts has the potential to create additional problems of constitutional dimension. Therefore, even though Plains Commerce Bank involves the examination of subject matter jurisdiction in a civil law context, it provides a well-reasoned framework for significant constitutional concerns. Consideration of Plains Commerce Bank will aid the examination of Senate Bill 3320’s proposed changes in the subject matter jurisdiction of tribal courts in criminal cases. It should not be overlooked in Congress’ deliberative process.