Federal Indian law has been "exceptional" in the sense of being distinctively compared to other areas of American Public Law. This Article analyzes areas of federal Indian Law where the application of exceptionalism and foundational principles is especially likely to motive the Supreme Court of the United States to search for limiting principles. The Article focuses on tribal sovereign immunity cases, tribal-state conflicts involving off-reservation treaty rights, and state taxing power within Indian reservations.
Alex Tallchief Skibine, From Foundational Law to Limiting Principles in Federal Indian Law, 80 Mont. L. Rev. 67 (2019).