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1 results

  • 9 - Sovereignty and Property

  • from Part III - Property
  • Edited by Grant Christensen, University of North Dakota, Melissa L. Tatum, University of Arizona
  • Book:
    Reading American Indian Law
    Published online:
    11 December 2019
    Print publication:
    12 December 2019, pp 215-237

  • Summary

    Sovereignty and Property: uses the US Supreme Court’s 1989 decision in the case of Brendale v. Confederated Tribes as a vehicle for exploring ways in which the United States government, and the United States Supreme Court in particular, has treated Indian property differently than it treats property owned by non-Indians. In Brendale the Court concluded that tribes possessed the ability to zone only those parts of the reservation which retained their ‘Indian character.’ Singer demonstrates that the Court’s inconsistent treatment of tribal governments - sometimes treating them like sovereign governments and sometimes like private property owners – is driven by a particularly Western European philosophical conception of property.