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The most dramatic development in the field of Indian law during the years between publication of the 1982 and 2005 editions of Cohen's Handbook of Federal Indian Law has been the Supreme Court's reliance on a judicially devised theory for denying the inherent sovereign governing authority of Indian nations in cases where Congress has not acted to divest tribes of this authority. The executive committee of the board of authors and editors for the 2005 revision of Cohen's Handbook recognized the importance of discussing this recent line of cases in-depth and entrusted me with the task of preparing the draft. As a result of final editing decisions necessary for confining the Cohen treatise to a single volume, however, the 2005 Handbook offers only an abbreviated discussion of this so-called "implicit divestiture" line of cases. In this Article, I present the fuller analytic treatment of that line of cases, as originally prepared for the 2005 Handbook and approved by the executive committee.

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Connecticut Law Review





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