From Foundational Law to Limiting Principles in Federal Indian Law

Authors

Alexander T. Skibine, Panelist, S.J. Quinney Professor of Law, University of Utah S.J. Quinney College of LawFollow

First Page

67

Last Page

97

Document Type

Article

Abstract

Federal Indian law has been "exceptional" in the sense of being distinctively compared to other areas of American Public Law. This Article analyzes areas of federal Indian Law where the application of exceptionalism and foundational principles is especially likely to motive the Supreme Court of the United States to search for limiting principles. The Article focuses on tribal sovereign immunity cases, tribal-state conflicts involving off-reservation treaty rights, and state taxing power within Indian reservations.

Recommended Citation

Alex Tallchief Skibine, From Foundational Law to Limiting Principles in Federal Indian Law, 80 Mont. L. Rev. 67 (2019).