Pathways to Indigenous Nation Sovereignty

Pathways to Indigenous Nation Sovereignty
Author: Alan R Parker
Publisher: MSU Press
Total Pages: 242
Release: 2018-04-01
Genre: Law
ISBN: 1938065034

In a story that could only be told by someone who was an insider, this book reveals the background behind major legislative achievements of U.S. Tribal Nations leaders in the 1970s and beyond. American Indian attorney and proud Chippewa Cree Nation citizen Alan R. Parker gives insight into the design and development of the public policy initiatives that led to major changes in the U.S. government’s relationships with Tribal Nations. Here he relates the history of the federal government’s attempts, beginning in 1953 and lasting through 1965, to “terminate” its obligations to tribes that had been written into over 370 Indian treaties in the nineteenth century. When Indian leaders gathered in Chicago in 1961, they developed a common strategy in response to termination that led to a new era of “Indian Self-Determination, not Termination,” as promised by President Nixon in his 1970 message to Congress. Congressional leaders took up Nixon’s challenge and created a new Committee on Indian Affairs. Parker was hired as Chief Counsel to the committee, where he began his work by designing legislation to stop the theft of Indian children from their communities and writing laws to settle long-standing Indian water and land claims based on principles of informed consent to negotiated agreements. A decade later, Parker was called back to the senate to work as staff director to the Committee on Indian Affairs, taking up legislation designed by tribal leaders to wrest control from the Bureau of Indian Affairs over governance on the nation’s 250 Indian reservations and negotiating agreements between the tribes that led to the Indian Gaming Regulatory Act. A valuable educational tool, this text weaves together the ideas and goals of many different American Indian leaders from different tribes and professional backgrounds, and shows how those ideas worked to become the law of the land and transform Indian Country.

Tribal Self-governance

Tribal Self-governance
Author: Nupur Tiwari
Publisher: Rawat Publications
Total Pages: 0
Release: 2016
Genre: Odisha (India)
ISBN: 9788131607541

"After Independence, Constituent Assembly of India has taken several steps to protect the interests of the vast tribal population of India. Based on the Bhuria Committee Report, the PESA (Panchayat Extension to Scheduled Areas) Act was passed by the Parliament keeping in view the welfare and socio-economic development of the tribals. The PESA Act gives radical governance powers to the tribal community and recognizes its traditional community rights over local natural resources. This Act has also made it mandatory for the states having Scheduled Areas to make specific provisions for giving a broad range of powers to the tribals on matters relating to decision-making and development of their community. However, actual implementation of the provisions lies with the states. It was expected that the PESA would lead to self-governance and empowerment of the people, but the implementation of PESA is far from satisfactory. This book is an attempt to grasp the profound impact of effective implementation of PESA, with special emphasis on the extremist affected districts which are characterized by a high degree of poverty, lack of infrastructure, illiteracy, exploitation and marginalization. Through various case studies, the book tries to discuss the diverse issues and concerns relevant for people-centric governance for removing the discontent among the tribal population and assuring them that they have equal stake in the progress of the country. This book will contribute to enhancing our understanding of PESA and add to the experience in designing inclusive and accountable local representative institutions. The book will be useful not only for policy makers but also for those who contribute to broader national and regional debates on addressing these common challenges."--Publisher's description.

Tribal Business Structure Handbook

Tribal Business Structure Handbook
Author: Karen J. Atkinson
Publisher:
Total Pages:
Release: 2009
Genre: Indian business enterprises
ISBN: 9780692057650

A comprehensive resource on the formation of tribal business entities. Hailed in Indian Country Today as offering "one-stop knowledge on business structuring," the Handbook reviews each type of tribal business entity from the perspective of sovereign immunity and legal liability, corporate formation and governance, federal tax consequences and eligibility for special financing. Covers governmental entities and common forms of business structures.

Tribal Constitutionalism

Tribal Constitutionalism
Author: Kirsty Gover
Publisher: OUP Oxford
Total Pages: 300
Release: 2010
Genre: Law
ISBN: 0199587094

Recognized tribes are increasingly prominent players in settler state governance, but in the wide-ranging debates about tribal self-governance, little has been said about tribal self-constitution. Who are the members of tribes, and how are they chosen? Tribes in Canada, Australia, New Zealand and the United States are now obliged to adopt written constitutions as a condition of recognition, and to specify the criteria used to select members. Tribal Constitutionalism presents findings from a comparative study of nearly eight hundred current and historic tribal constitutions, most of which are not in the public domain. Kirsty Gover examines the strategies adopted by tribes and states to deal with the new legal distinction between indigenous people (defined by settler governments) and tribal members (defined by tribal governments). She highlights the important fact that the two categories are imperfectly aligned. Many indigenous persons are not tribal members, and some tribal members are not legally indigenous. Should legal indigenous status be limited to persons enrolled in recognized tribes? What is to be done about the large and growing proportion of indigenous peoples who are not enrolled in a tribe, and do not live near their tribal territories? This book approaches these complex questions head-on. Using tribal membership criteria as a starting point, this book provides a critical analysis of current political and sociolegal theories of tribalism and indigeneity, and draws on legal doctrine, policy, demographic data and tribal practice to provide a comparative evaluation of tribal membership governance in the western settler states.

Oregon Blue Book

Oregon Blue Book
Author: Oregon. Office of the Secretary of State
Publisher:
Total Pages: 232
Release: 1895
Genre: Oregon
ISBN:

American Indians and the Trouble with Sovereignty

American Indians and the Trouble with Sovereignty
Author: Kouslaa T. Kessler-Mata
Publisher: Cambridge University Press
Total Pages: 153
Release: 2017-10-19
Genre: History
ISBN: 1108415865

Kessler-Mata argues for a constitutive theory of tribal sovereignty based on the interconnected relationships between tribes and non-federal governments.

Navajo Courts and Navajo Common Law

Navajo Courts and Navajo Common Law
Author: Raymond Darrel Austin
Publisher: U of Minnesota Press
Total Pages: 295
Release: 2009
Genre: Social Science
ISBN: 0816665354

The Navajo Nation court system is the largest and most established tribal legal system in the world. Since the landmark 1959 U.S. Supreme Court decision in Williams v. Lee that affirmed tribal court authority over reservation-based claims, the Navajo Nation has been at the vanguard of a far-reaching, transformative jurisprudential movement among Indian tribes in North America and indigenous peoples around the world to retrieve and use traditional values to address contemporary legal issues. A justice on the Navajo Nation Supreme Court for sixteen years, Justice Raymond D. Austin has been deeply involved in the movement to develop tribal courts and tribal law as effective means of modern self-government. He has written foundational opinions that have established Navajo common law and, throughout his legal career, has recognized the benefit of tribal customs and traditions as tools of restorative justice. In Navajo Courts and Navajo Common Law, Justice Austin considers the history and implications of how the Navajo Nation courts apply foundational Navajo doctrines to modern legal issues. He explains key Navajo foundational concepts like Hózhó (harmony), K'é (peacefulness and solidarity), and K'éí (kinship) both within the Navajo cultural context and, using the case method of legal analysis, as they are adapted and applied by Navajo judges in virtually every important area of legal life in the tribe. In addition to detailed case studies, Justice Austin provides a broad view of tribal law, documenting the development of tribal courts as important institutions of indigenous self-governance and outlining how other indigenous peoples, both in North America and elsewhere around the world, can draw on traditional precepts to achieve self-determination and self-government, solve community problems, and control their own futures.

On the Drafting of Tribal Constitutions

On the Drafting of Tribal Constitutions
Author: Felix S. Cohen
Publisher: University of Oklahoma Press
Total Pages: 248
Release: 2006
Genre: History
ISBN: 9780806138060

Felix Cohen (1907–1953) was a leading architect of the Indian New Deal and steadfast champion of American Indian rights. Appointed to the Department of the Interior in 1933, he helped draft the Indian Reorganization Act (1934) and chaired a committee charged with assisting tribes in organizing their governments. His “Basic Memorandum on Drafting of Tribal Constitutions,” submitted in November 1934, provided practical guidelines for that effort.

Sovereignty for Survival

Sovereignty for Survival
Author: James Robert Allison
Publisher: Yale University Press
Total Pages: 257
Release: 2015-10-20
Genre: History
ISBN: 0300216211

In the years following World War II many multi-national energy firms, bolstered by outdated U.S. federal laws, turned their attention to the abundant resources buried beneath Native American reservations. By the 1970s, however, a coalition of Native Americans in the Northern Plains had successfully blocked the efforts of powerful energy corporations to develop coal reserves on sovereign Indian land. This challenge to corporate and federal authorities, initiated by the Crow and Northern Cheyenne nations, changed the laws of the land to expand Native American sovereignty while simultaneously reshaping Native identities and Indian Country itself. James Allison makes an important contribution to ethnic, environmental, and energy studies with this unique exploration of the influence of America’s indigenous peoples on energy policy and development. Allison’s fascinating history documents how certain federally supported, often environmentally damaging, energy projects were perceived by American Indians as potentially disruptive to indigenous lifeways. These perceived threats sparked a pan-tribal resistance movement that ultimately increased Native American autonomy over reservation lands and enabled an unprecedented boom in tribal entrepreneurship. At the same time, the author demonstrates how this movement generated great controversy within Native American communities, inspiring intense debates over culturally authentic forms of indigenous governance and the proper management of tribal lands.