The Supreme Court's Legal Culture War against Tribal Law
This Article argues that tribal advocates should focus on the practical exercises of tribal sovereignty in a manner that the Supreme Court can understand and respect. This Article theorizes that the vessel of tribal sovereignty should be filled with the tangible reality of tribal law and tribal culture. Tribal law and culture are inextricably intertwined with tribal sovereignty. The Court respects internal tribal sovereignty but does not yet understand the link between tribal sovereignty and tribal law and culture. This Article theorizes that the Court will grant more deference to exercises of tribal authority if tribal advocates establish a link between tribal sovereignty and tribal law and culture.
Fletcher, Matthew. "The Supreme Court's Legal Culture War against Tribal Law." Intercultural Human Rights Law Review 2 (2007): 93-127. (Symposium; Work published when author not on Michigan Law faculty.)