Matthew L.M. Fletcher | March 18, 2024 | American Indian Law
Below is the abstract for “The Sovereignty Problem in Federal Indian Law,” available for download on SSRN. There is a sovereignty problem in federal Indian law, namely, that the federal government’s sovereign defenses prevent tribal nations and...
Matthew L.M. Fletcher | March 22, 2023 | American Indian Law, Property
This article was originally published on SCOTUSblog.com on March 21, 2023. What water the United States owes the Navajo Nation under the 1868 Treaty of Bosque Redondo formed the crux of the argument in Arizona v. Navajo Nation. The treaty, known by the Navajo people...
Matthew L.M. Fletcher | October 6, 2022 | American Indian Law
Below is the abstract for “Teaching Indian Law in the 21st Century” available for download on SSRN. Since the first Indian law classes were offered in the late 1960s and early 1970s, law teachers mostly have considered the field a niche specialty, even a backwater,...
Matthew L.M. Fletcher and Randall F. Khalil | September 26, 2022 | American Indian Law
Below is the abstract for “Preemption, Commandeering, and the Indian Child Welfare Act,” available for download on SSRN. This year (2022), the Supreme Court agreed to review wide-ranging constitutional challenges to the Indian Child Welfare Act (ICWA) brought by the...
Matthew L.M. Fletcher | September 12, 2022 | American Indian Law
Below is the abstract for “Testimony before the Commission on Native Children,” available for download on SSRN. This letter and powerpoint were prepared at the request of the Alyce Spotted Bear and Walter Soboleff Commission on Native Children in advance of a hearing...
