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BLOG: Guest Post from Daniel Rey-Bear: Split Briefing in Indian Trust Cases

Among other things, President Nixon’s Special Message to Congress on Indian Affairs recognized that the federal government acts “as a legal trustee . . . for American Indians” and that the Executive Branch has difficulty fulfilling that high duty regarding land and water rights because of “an inherent conflict of interest” of the sort addressed 13 years later in Nevada v. United States, 463 U.S. 110 (1983).

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