"Tribal Self-Governance in the 21st Century" with Kevin Washburn ’93, Assistant Secretary for Indian Affairs
Thursday, October 23, 2014 - 12:00-1:00pm
YLS, Room 121
NALSA Alumni Achievement
Awards Dinner: Kevin Washburn ’93
Thursday, October 23, 2014 - 7:00 pm
Omni New Haven Hotel
NALSA warmly invites you to our inaugural Alumni Awards
Dinner to honor the Hon. Kevin Washburn ’93, currently serving as the Assistant
Secretary for Indian Affairs, for his extraordinary contributions to Native
nations and the Indian law field.
Registration: Please RSVP for the dinner here: http://www.law.yale.edu/AWAffinity2014.
Beyond the Indian
Monday, October 27, 2014 – Time TBD
This event is a part
of the Yale Law Journal’s “Contemporary Legal Scholarship” reading group.
Author: Gregory Ablavsky,
University of Pennsylvania Law School
Federal exclusive and unqualified power over Indian affairs
is the foundation of federal Indian law.
In his concurrence in Adoptive Couple
v. Baby Girl, Justice Thomas drew on recent scholarship to argue that the
doctrine of federal unqualified power is inconsistent with the Constitution’s
original understanding. This interpretation would radically reshape federal
law. The current Article argues, by contrast, that the Indian Commerce Clause
was open-ended when written and so neither its text nor its drafting history
can resolve the issue of federal authority over Indian affairs. The Article
instead looks beyond the Clause and originalist approaches to constitutional
history to reconstruct the origins of the federal Indian affairs power.