The Yale Law Journal

Tribal Law


(Re)Solving the Tribal No-Forum Conundrum: Michigan v. Bay Mills Indian Community

Matthew L.M. Fletcher

Michigan v. Bay Mills Indian Community, a dispute over a controversial off-reservation Indian casino, is the latest opportunity for the Supreme Court to address the doctrine of tribal sovereign immunity. The Court could hand Michigan a big win by broadly abrogating tribal immunity, and in turn wreak…


Property in All the Wrong Places?

Carol M. Rose

114 Yale L.J. 991 (2005)

In Who Owns Native Culture? and Public Lands and Political Meaning, an anthropologist and a historian document an ever-increasing deployment of property categories in two quite different domains: native people's recent cultural claims in the first book and the longer story o…