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- Title
THE SPECTER OF INDIAN REMOVAL: THE PERSISTENCE OF STATE SUPREMACY ARGUMENTS IN FEDERAL INDIAN LAW.
- Authors
Allread, W. Tanner
- Abstract
The article examines the persistence of state supremacy arguments in federal Indian law, with a focus on the 2022 case Oklahoma v. Castro-Huerta. It corrects the Supreme Court's oversight and traces the historical development of state supremacy theories, originating from the Indian Removal Era. It underscores the continued use of these arguments, highlighting their impact on constitutional law, federal Indian affairs policy, and the perpetuation of racism and violence.
- Subjects
RULE of law; FEDERAL laws; APPELLATE courts; FORCED removal of Native Americans; CONSTITUTIONAL law; RACISM
- Publication
Columbia Law Review, 2023, Vol 123, Issue 6, p1533
- ISSN
0010-1958
- Publication type
Article