Indigenous Governance Database
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Implicit Divestiture, Judicial Activism and the Rehnquist Court: A Cautionary Tale for Tribal Advocates
Many tribal advocates have likened the legal corpus known as Federal Indian Law to a pendulum that swings back and forth under the forceful hand of the United States government and its political inclinations at any given moment. While this swinging pendulum has brought great uncertainity and…
Why beggar thy Indian neighbor? The case for tribal primacy in taxation in Indian country
The law governing taxation in Indian country is a mess. The accretion of common law precedents and the general tendency of states to assert primacy over the taxation of non-Indians create absurd outcomes. This article makes the case three ways. The argument based on the law shows that…
Tribal Child Welfare Codes as Sovereignty in Action. 2016 NICWA conference edition
With passage of the Indian Child Welfare Act of 1978 (ICWA), Congress formally recognized Native nations’ inherent authority to govern child welfare matters and provided support for tribal self-determination over child welfare. Because ICWA “assumes that a tribal code is the governance mechanism by…
Protecting Our Children Through Tribal Law: Part II
This graphic presentation highlights key findings from 4 of these topics: jurisdiction, tribal-state relationships, child abuse reporting, and paternity. For highlights of the other topics please see Protecting Our Children Through Tribal Law (Part I).
Residence, Community Engagement, and Citizenship: How do non-resident tribal citizens connect with Native nations?
The research draws from an online survey targeted primarily at younger tribal citizens living away from tribal lands; this project provides preliminary insight into 1) non-resident citizens' engagement with their tribes, and 2) the ways tribes might connect more effectively with non-resident…
Protecting Our Children: A Review of 100+ Tribal Welfare Codes
NNI researchers Mary Beth Jäger (Citizen Potawatomi), Rachel Starks (Zuni/Navajo), and National Indian Child Welfare Association governmental affairs staff attorney, Adrian Smith shared the results of an ongoing study on culture, removal, termination of parental rights, and adoption in tribal child…
Indigenous Land Management in the United States: Context, Cases, Lessons
The Assembly of First Nations (AFN) is seeking ways to support First Nations’ economic development. Among its concerns are the status and management of First Nations’ lands. The Indian Act, bureaucratic processes, the capacities of First Nations themselves, and other factors currently limit the…
NCAI Task Force on Violence Against Women
Recognizing and acting upon the belief that safety for Native women rests at the heart of sovereignty, leadership from Native nations joined with grassroots coalitions and organizations to create an ongoing national movement educating Congress on the need for enhancing the safety of Native women.…
Sovereignty and Peoplehood
The term "sovereignty" perplexes students of the American Indian policy perhaps more than any other concept. The word comes from the Old French soverain or souverein and was usually used in reference to a king or lord who had the undisputed right to make decisions and act accordingly with or…
Coast Salish Gathering
Ecosystems in many parts of North America are under severe stress. Pollution, the overuse of natural resources, and habitat destruction threaten local flora and fauna. Conservation attempts often fall short because they target one species of site within an ecosystem. The Coast Salish Gathering…
Sovereignty and Nation-Building: The Development Challenge in Indian Country Today
The Indian nations of the United States face a rare opportunity. This is not the occasional business opportunity of reservation legend, when some eager investor would arrive at tribal offices with a proposal guaranteed to produce millions of dollars for the tribe--although such investors still…
Reloading the Dice: Improving the Chances for Economic Development on American Indian Reservations
The experiences of a wide array of societies around the world amply demonstrate that achieving sustained, self-determined economic development is a complex and difficult task. Certainly this is the case on the Indian reservations of the United States, where numerous obstacles face tribal leaders,…
Myths and Realities of Tribal Sovereignty: The Law and Economics of Indian Self-Rule
The last three decades have witnessed a remarkable resurgence of the American Indian nations in the United States. The foundation of this resurgence has been the exercise of self-government (sovereignty) by the more than 560 federally- recognized tribes in the U.S. In this study, we explore legal…
Two Approaches to Economic Development on American Indian Reservations: One Works, the Other Doesn't
As much of the world knows, American Indian nations are poor. What much of the world doesn't know is that in the last quarter century, a number of these nations have broken away from the prevailing pattern of poverty. They have moved aggressively to take control of their futures and rebuild their…
Seizing the Future: Why Some Native Nations Do and Others Don't
Both research and the experience among Native nations daily drive home the conclusion that the so-called "nation-building" approach holds the keys to self-determined social, political, and economic development for indigenous communities. This approach emphasizes the critical role of asserting…
Implementing the Federal Endangered Species Act in Indian Country: The Promise and Reality of Secretarial Order 3206
Reviews the key requirements of the Endangered Species Act, pertinent executive orders, and Department of the Interior Secretarial Order 3206; discusses the differences tribes can make by creating and implementing their own habitat management plants, as alternatives to designation of critical…
The First Nations Governance Act: Implications of Research Findings from the United States and Canada
In the spring of 2002, the Office of the British Columbia Regional Vice-Chief of the Assembly of First Nations (AFN) asked the Native Nations Institute for Leadership, Management, and Policy at The University of Arizona to provide that office with an analysis of the First Nations…
Indigenous Peoples, Poverty and Self-Determination in Australia, New Zealand, Canada and the United States
Australia, New Zealand, Canada and the United States are among the world’s wealthiest nations. It is an often noted irony–and an occasional source of embarrassment to the governments of these countries–that the Indigenous peoples within their borders are in each case among their poorest citizens.
Good Native Governance Plenary 3: Innovative Research in Education: Educating Tomorrow's Tribal Leaders
UCLA School of Law "Good Native Governance" conference presenters, panelists and participants Tiffany S. Lee, Sheilah E. Nicholas, and Tarajean Yazzie-Mintz focus on the process of educating tribal leaders, youth, and entire communities through relationships and collaborations. This video…
Good Native Governance: Lunchtime Keynote Address
UCLA School of Law "Good Native Governance" conference lunchtime keynote speaker, Joseph P. Kalt discusses research in the areas of good Native governance. This video resource is featured on the Indigenous Governance Database with the permission of the UCLA American Indian Studies Center…