The Corner

Indian Trusts

John, you and I agree that Jacob Levy may have been unduly selective in his criticism of conservatives’ failure to take issue with Indian trust fund mismanagement (see my exchange with Levy on this question here). We also agree that liberal outlets have been AWOL on Native American issues generally. But I entirely agree with Levy’s complaint that trust mismanagement has not received adequate media coverage to date. Given the amount of money involved — and the level of gross mismanagement and malfeasance by government officials — the Indian trust litigation should be a major news story, but it is not. Billions are at stake, several cabinet officials have been found in contempt of court and, I would predict, several government lawyers will be disbarred. It is a truly big story.

Jonathan H. Adler is the Johan Verhiej Memorial Professor of Law and Director of the Center for Business Law and Regulation at the Case Western Reserve University School of Law.

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