Sovereign Metaphors in Indian Law

Authors

Gregory Ablavsky, Panelist, Associate Professor of Law, Stanford Law School; J.D./Ph.D., American Legal History, University of PennsylvaniaFollow

First Page

11

Last Page

40

Document Type

Article

Abstract

This exploration reveals that tribes were not as anomalous as the Supreme Court of the United States has suggested. Even while the Court proclaimed the Tribes' uniqueness, it readily applied doctrines developed in the context of foreign nations, states and U.S. territories to Native nations, ignoring the differences between the situation of tribes and other sovereigns. This narrative about what tribes lack when compared to other sovereigns has become a constant, and pernicious, trope within the discourse of Indian law.

Recommended Citation

Gregory Ablavsky, Sovereign Metaphors In Indian Law, 80 Mont. L. Rev. 11 (2019).