Document Type

Article

Publication Date

1-1-2008

Abstract

This Article places Bryan v. Itasca County in historical context and gives credit where credit is due. From the perspective of three decades, it describes the litigation and its ramifications, and highlights the work of the legal services attorneys who brought Indian tribes this landmark victory. Part I briefly describes the litigation through the state supreme court. Part II discusses, in much greater detail, the appeal to the U.S. Supreme Court. Part III analyzes the unanimous Supreme Court opinion reversing the state courts and describes the breathtaking scope of the opinion, as well as its implications. Part IV briefly describes the development of Indian gaming in the years following Bryan through and beyond the important decision in Cabazon. Part V offers some insights from this important episode in American legal history.

Publication Title

Minnesota Law Review

Volume

92

First Page

919

Last Page

970

Included in

Law Commons

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