Crispin T. South

Recently, I presented research on the interaction between federal Indian law and equal protection, and discussed ways that advocates can defend important structures in Indian law, like ICWA and IGRA, from equal protection challenges. Specifically, I argued that if the Court is skeptical of the oft cited rule from Morton v. Mancari that federal legislation…

My new paper, Let Them Be Tribal Members: Exempting Nonmember Resident Indians from State Taxes, was recently published in the Arizona State Law Journal. I argue that to push back against the problems associated with state taxation in Indian country, Tribes ought to enter into membership reciprocity agreements that allow non-member resident Indians to become…

In the spirit of my last post, encouraging Choctaw voters to vote no on Amendment 2 until we have a more robust bill of rights in place, I thought I ought to share my draft proposal for a new bill of rights. This is an edited (more detailed) version of the example I provided to…