"Generally the impulse to find justice through punitive measures can be a kind of quicksand. What James Whitman, the scholar I cite in the chapter of my book, talks about as an urge to level down, I think you see that everywhere. We're going to be a punitive society, so we might as well level out that punitiveness. Bankers and college swim stars and everyone face that same kind of wrath."

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One was a horrible case called Oliphant v. Suquamish Indian Tribe which denied tribes the right to criminally prosecute non-Indians who commit crimes on their reservations. That decision has had horrible consequences for law enforcement on Indian reservations. But in that opinion Justice William Rehnquist cites language from the 1830s to explain why whites didn't trust tribes to exercise criminal jurisdiction. They were savages.

— Robert A. Williams, Jr.