The Indian Court of Appeals: A Modest Proposal to Eliminate Supreme Court Jurisdiction Over Indian Cases

Contributor Roles

Michael Cadigan, J.D. 1992, Lewis & Clark Law School

Document Type

Article

Publication Title

Arkansas Law Review

Journal Abbreviation

Ark. L. Rev.

Abstract

In a symposium on the future of Indian law, this article suggests that the future would be brighter if the Congress eliminated Supreme Court jurisdiction over Indian cases. The article contends that during the two decades prior to the article's publication, the Court strayed badly from foundational principles of Indian jurisprudence, undermining both tribal sovereignty and Indian property rights. The article maintained that there was no constitutional impediment to eliminating Court jurisdiction over Indian law cases and a number of policy reasons for doing so.

First Page

203

Last Page

235

Publication Date

1993

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