Skip to main content
PRINT EDITION

Bringing Congress and Indians Back into Federal Indian Law: The Restatement of the Law of American Indians

Abstract: Congress and Native Nations have renegotiated the federal-tribal relationship in the past fifty years. The courts, however, have failed to keep up with Congress and recognize this modern federal-tribal relationship. As a result, scholars, judges, and practitioners often characterize federal Indian law as incoherent and inconsistent. This Article argues that the Restatement of the Law of American Indians retells federal Indian law to close the gap between statutory and decisional law. It realigns federal Indian law with the modern federal-tribal relationship negotiated between Congress and tribal governments. Consistent with almost a half-century of congressional law and policy, the Restatement clarifies the foundational principles of federal Indian law and provides federal and state courts with guidance on how to interpret statutes related to Native governments and peoples. It provides courts with a vision of federal Indian law that is more coherent, easier to apply, and more reflective of the state of affairs in Indian Country than the decisional law adopted by the Supreme Court in the past fifty years.

Download the Full Article

Other Articles from WLR Print Edition

October 1, 2025 in PRINT EDITION

“That’s Not My Name”: The Linguistic Violence of Misnaming Parties in Court Proceedings

Abstract: This Article calls attention to the harms done when parties are misnamed in legal proceedings. Misnaming, which many might initially consider trivial, is properly understood as a form of…
Read More
October 1, 2025 in PRINT EDITION

Making Youth Matter

Abstract: Gun violence is the leading cause of death for children and adolescents in the United States. The harm caused by this public health crisis falls disproportionately on Black and…
Read More
October 1, 2025 in PRINT EDITION

A State Constitutional Challenge to Washington’s Denial of Minimum Wage to Incarcerated Workers

Abstract: This Comment challenges as unconstitutional Washington’s exemption of incarcerated individuals from the state Minimum Wage Act. Incarcerated people in Washington, unprotected by minimum wage guarantees, earn low wages in…
Read More