Is There Any Indian Law Left? A Review of the Supreme Court\u27s 1982 Term

Abstract

The Supreme Court\u27s decisions have been characterized by an absence of general principles, which the Justices rationalize as the particularization of their analysis. The standards that do appear from time to time, such as balancing interests and implied repeal, are merely euphemisms for discretion. There has been no consistent authorship of opinions because the Justices hold little enthusiasm for Indian law cases, and the Court seems to treat each dispute as if it were a matter of first impression. Generalizations on this subject have become . . . treacherous as a result of the Court\u27s failure to make and stick to general guiding principles. The Court\u27s 1982 Term, its busiest ever for Indian decisions, was no exception. In the four opinions reviewed in detail here, the Court abandoned any pretense that the scope of tribal sovereignty or the nature of federal trusteeship can be determined save on the facts of each case. At the same time, it strengthened the notion that state and national interests, as construed by the Justices, override any rights Indians may yet have

    Similar works