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"The People of the States Where They Are Found Are Often Their Deadliest Enemies": The Indian Side of the Story of Indian Rights and Federalism

Abstract

In his Article, Professor Williams examines the story of Indian rights and federalism as told by traditional scholars of Federal Indian Law, and what's wrong with it. According to these traditional scholars, the White Man's Indian Law is the source of the legal rules and principles which have sought to protect tribes from "their deadliest enemies," the states surrounding Indian reservations. Williams argues that what's wrong with this traditional story of White Man's Indian Law is that it ignores the Indian side of the story of Indian rights and federalism. Williams instead focuses our attention in the ancient Indian legal tradition of a treaty as a relationship of sacred trust and protection, and on how that tradition established the core principles protective of tribalism's cultural survival in our federalist system of government.

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38 Ariz. L. Rev.  981 (1996)

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Authors

Robert A. Williams Jr. (University of Arizona)

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