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ERIC Number: ED166738
Record Type: RIE
Publication Date: 1978-Nov
Pages: 15
Abstractor: N/A
Reference Count: 0
Natural Law, Santa Clara, and the Supreme Court.
Rodgers, Raymond S.; Lujan, Phillip
The court case, "Santa Clara Pueblo, et al. v. Julia Martinez, et al.," is the subject of this paper. It gives the background of the case of a woman whose children were refused admittance to tribal rolls because of an ordinance prohibiting the enrollment of children whose father is not a tribal member. The paper gives the arguments of representatives of the Pueblo perspective and of the Anglo perspective, both of which appeal to natural law: the tribe's claim to the right to decide its own membership and the plaintiff's invocation of the right to equal protection under the law. The paper concludes with the philosophical and intercultural implications of the Supreme Court's ruling in the case, which was that tribal sovereignty affords immunity to the tribe from federal suits. (TJ)
Publication Type: Speeches/Meeting Papers; Opinion Papers; Legal/Legislative/Regulatory Materials
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Note: Paper presented at the Annual Meeting of the Speech Communication Association (64th, Minneapolis, Minnesota, November 2-5, 1978)