Conquering the cultural frontier : the new subjectivism of the Supreme Court in Indian law

1996

Publications

California Law Review

Berkeley, Calif.

This is Getches' most-cited article on Indian law. In it he asserts that "the [Supreme] Court has assumed the job it formerly conceded to Congress, considering and weighing cases to reach results comporting with the Justices' subjective notions of what the Indian jurisdictional situation ought to be. This new subjectivist approach...severs tribal sovereignty from its historical moorings, leaving lower courts without principled, comprehensible guidance."

http://hdl.handle.net/10974/34