Eric Kades is a Professor of Law at William & Mary Law School. His research focuses on theoretical and empirical issues in the economics of property rights. He can be reached at firstname.lastname@example.org.
The “Middle Ground” Perspective on the Expropriation of Indian Lands
Article first published online: 22 AUG 2008
© 2008 American Bar Foundation
Law & Social Inquiry
Volume 33, Issue 3, pages 827–839, September 2008
How to Cite
Kades, E. (2008), The “Middle Ground” Perspective on the Expropriation of Indian Lands. Law & Social Inquiry, 33: 827–839. doi: 10.1111/j.1747-4469.2008.00123.x
- Issue published online: 22 AUG 2008
- Article first published online: 22 AUG 2008
In How the Indians Lost Their Land, Law and Power on the Frontier (2005), Stuart Banner weaves together a perceptive interpretation of the historical record, with a novel economic analysis of conflicts, to create a sophisticated narrative of the process by which European colonists took control of the lands that now comprise the United States. Banner's view of expropriation falls somewhere between the parsimony of an economic model and the richness of a traditional historical account. It forms part of a growing trend to focus on finding positive facts about the taking of Indian lands, as opposed to making normative judgments.