Beyond Indian Law: The Rehnquist Court's Pursuit of States' Rights, Color-Blind Justice and Mainstream Values
Year: 2001
Type: article
Abstract: Beyond Indian Law : documents the Rehnquist Court’s shift away from jurisprudence that permitted a sovereign people to control their own territory, and the people within it, and toward a ‘subjectivist approach’ that allows the Supreme Court to determine what Indian law ought to be. It places this shift within a broader narrative of the Court deviating from well-established interpretive principles. Getches ultimately critiques the signals the Rehnquist Court has sent in its existing jurisprudence and warns that future cases will see state interests prevail in their control of the reservation, attempts to protect Indians as sovereigns will fail, and that mainstream values will be protected.
Source: Minnesota law review
DOI: 10.24926/265535.2034
Author: David H. Getches
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W2677527817