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Bethany Berger - Scholarship

Books

• American Indian Law: Cases and Materials (with R. Anderson, P. Frickey, and S. Krakoff) (West Publishing 2008).
• Felix S. Cohen's Handbook of Federal Indian Law (2005) (Associate Editor and Co-Author; Executive Editor and Co-Author, 2007 Supplement)

Book Chapters

• Laws Governing Native American Children, in Chicago Companion to the Child (U. Chicago Press 2008).
• The Story of Williams v. Lee in INdian Law Stories (forthcoming Foundation Press 2008).
• Chapter on American Indian Law in Michigan, in Michigan Law and Practice Encyclopedia (2d Ed. 2005)

Journal Articles

• The New Realism: The Next Generation of Scholarship in American Indian Law, 32 Am. Indian L. Rev. 1 (2007).
• It's Not About the Fox: The Untold History of Pierson v. Post, 55 Duke Law Journal 1089 (2006)
• Liberalism and Republicanism in Federal Indian Law, Symposium Issue, 38 University of Connecticut Law Review 813 (2006)
• Justice and the Outsider: Jurisdiction Over Non-Members in Tribal Legal Systems, 37 Arizona State Law Journal 1047 (2005) (Selected for 2005 Stanford/Yale Junior Faculty Forum; Reprinted in materials for 2006 Federal Bar Association Indian Law Annual Conference)
• "Power Over this Unfortunate Race," Race, Power and Indian Law in U.S. v. Rogers, 45 William & Mary Law Review 1957 (2004)
• Indian Policy and the Imagined Indian Woman, Symposium Issue, 14 Kansas Journal of Law and Policy 103 (2004)
• U.S. v. Lara as the Story of Native Agency, Symposium Issue, 40 Tulsa Law Review 5 (2004) (Reprinted in materials for 2005 Federal Bar Association Indian Law Annual Conference)
• After Pocahontas: Indian Women and the Law, 1830-1934, 22 Am. Indian L. Rev. 1 (1997) (Reprinted in part in Michael Higginbotham, Race and the Law: Cases and Materials (2005); Mixed Race America and the Law (Kevin R. Johnson ed., 2003); Gender and the Law: Cases and Materials (Katherine Bartlett et al. eds., 2002); and Race and Races: Cases and Resources for a Diverse America (Juan Perea et al. eds., 2000))

News & Other Articles

• Preview of Wagnon v. Richards, ABA Supreme Court Preview (Oct. 2005)
• Now Comes the Hard Part for Eastern Pequots, Hartford Courant (July 5, 2002)
• Nipmucs a Nation, Nonetheless: "Gaming" Wrongly Taints Tribal Status, Providence Journal-Bulletin (Oct. 31, 2001)
• Treat Terrorism Not as Warfare But As Disease, Hartford Courant (Sept. 28, 2001)