Document Type
Article
Publication
University of Colorado Law Review
Year
2013
Citation Information
Richard B. Collins, Never Construed to Their Prejudice: In Honor of David Getches, 84 U. Colo. L. Rev. 1 (2013), available at https://scholar.law.colorado.edu/faculty-articles/113.
Abstract
This article reviews and analyzes the judicial canons of construction for Native American treaties and statutes. It discusses their theoretical justifications and practical applications. It concludes that the treaty canon has ready support in contract law and the law of treaty interpretation. Justification of the statutory canon is more challenging and could be strengthened by attention to the democratic deficit when Congress imposes laws on Indian country. Applications of the canons have mattered in disputes between Indian nations and private or state interests. They have made much less difference, and have suffered major failings, in disputes with the federal government. Recent Supreme Court decisions restricting tribal sovereignty show significant weakening of the canons.
Copyright Statement
Copyright protected. Use of materials from this collection beyond the exceptions provided for in the Fair Use and Educational Use clauses of the U.S. Copyright Law may violate federal law. Permission to publish or reproduce is required.
Included in
Indigenous, Indian, and Aboriginal Law Commons, Legal History Commons, Legislation Commons, Supreme Court of the United States Commons