- This event has passed.
In this talk, Sarah Krakoff (Colorado) discusses her recent SLR article, They Were Here First: American Indian Tribes, Race, and the Constitutional Minimum, 69 Stan. L. Rev. 491 (2017). Every student of Amendment XIV knows that race-based classifications–whether malignant or benign–are subject to strict scrutiny under the Equal Protection Clause. But in the advent of strict scrutiny’s use to strike down legislation aimed at benefiting racial minorities, some judges have begun to undermine legislative enactments designed to benefit Native American tribes. Professor Krakoff, however, argues that tribal status is a category constitutionally distinct from race. And because tribal legislation represents an arrangement based on sovereign status, the Equal Protection doctrine should not be used disrupt remedial statutes.
Professor Gregory Ablavsky will provide commentary. Lunch will be provided.