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11 - A Common Law for Our Age of Colonialism: The Judicial Divestiture of Indian Tribal Authority over Nonmembers
from Part III - Property
- By Philip P. Frickey
Edited by Grant Christensen, University of North Dakota, Melissa L. Tatum, University of Arizona
Book:

Reading American Indian Law

Published online:

11 December 2019

Print publication:

12 December 2019, pp 262-284
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Summary

A Common Law for Our Age of Colonialism: documents instances in which modern US Supreme Court decisions depart from historic first principles. The article demonstrates that many of these changes have come in cases involving individuals who are not members of the tribe in question. Frickey documents that the result has been a profound encroachment upon the Indian canons, thus eliminating the foundational interpretational principles that made federal Indian law unique.

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11 - A Common Law for Our Age of Colonialism: The Judicial Divestiture of Indian Tribal Authority over Nonmembers

Summary