Peter d'Errico

Federal Anti-Indian Law: The Legal Entrapment of Indigenous Peoples by Peter d’Errico

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Chief Justice Marshall constructed federal anti-Indian law in three early nineteenth-century cases. First came Johnson v. McIntosh (1823), a property law dec...

Inclusion is not the same as Self-Determination — and may undermine it

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But questions nagged at me:

Cutting Through the US Claim of a Right of Domination over Indigenous People: An Analysis of Haaland v. Brackeen

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Gorsuch and Thomas Attack the US Claim of "Plenary Power" over "Tribes"

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Misconceptions About McGirt v. Oklahoma

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Federal Indian law displaces the historical ‘starting point’ — the original free existence of Native nations…

'Political Principles and Indian Sovereignty': Lee Hester's Philosophical Critique of US Anti-Indian Law

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The Supreme Court now avoids naming the doctrine, as if that makes the problem go away.

Brackeen v. Haaland, the Indian Child Welfare Act case now in the Supreme Court: Seen in Perspective

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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...

S02E03 - Johnson v M'intosh and Federal Anti-Indian Law with Peter d'Errico

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Resources by Peter d’Errico

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Replacing the Doctrine of Christian Discovery and Implementing the United Nations Declaration on the Rights of Indigenous People

A Comment on Making All the World America

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