Inclusion is not the same as Self-Determination — and may undermine it
But questions nagged at me: When colonized people participate in the politics of their colonizer, does that signify the end of colonialism or its successful...
Peter d’Errico
'Political Principles and Indian Sovereignty': Lee Hester's Philosophical Critique of US Anti-Indian Law
The Supreme Court now avoids naming the doctrine, as if that makes the problem go away. Hester concludes that the labyrinth of “inherent and retained...
S02E03 - Johnson v M'intosh and Federal Anti-Indian Law with Peter d'Errico
⤓ Download a transcript of the Episode as a PDF // → Subscribe Moving into a discussion of Chief Justice John Marshall’s cases, including Johnson v M’...
Federal Anti-Indian Law: The Legal Entrapment of Indigenous Peoples by Peter d’Errico
Chief Justice Marshall constructed federal anti-Indian law in three early nineteenth-century cases. First came Johnson v. McIntosh (1823), a property law ...
Brackeen v. Haaland, the Indian Child Welfare Act case now in the Supreme Court: Seen in Perspective
The fracturing of the Fifth Circuit Court of Appeals in its effort to decide Brakeen in 2021 demonstrates the deep confusion and contradiction (some say schi...
Misconceptions About McGirt v. Oklahoma
Federal Indian law displaces the historical ‘starting point’ — the original free existence of Native nations…
Resources by Peter d’Errico
Replacing the Doctrine of Christian Discovery and Implementing the United Nations Declaration on the Rights of Indigenous People