JOPNA

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Why beggar thy Indian neighbor? The case for tribal primacy in taxation in Indian country

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…

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History's Lesson for HUD and Tribes

History's Lesson for HUD and Tribes

In 1998, Indian housing entered a new era. HUD ended its practice of channeling funds for Washington-designed Indian housing programs to HUD-sponsored local Indian Housing Authorities (IHAs) and converted programmatic funds into block grants to tribal housing agencies, which were allowed to design…

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The Concept of Governance and its Implications for First Nations

The Concept of Governance and its Implications for First Nations

What is governance? What is government? What does each do? And what distinguishes good governance - or good government - from bad? Why is the quality of governance important to the success of human societies? And what is the significance and meaning of self-governance? And What does effective self-…

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Social and Economic Consequences of Indian Gaming in Oklahoma

Social and Economic Consequences of Indian Gaming in Oklahoma

Much has been written in the mainstream press about Indian gaming and its impact on Indian and non-Indian communities. The debate, however, tends to be focused on Class III or “casino-style” gaming. The effects of Class II gaming have largely been overlooked by the press and, unfortunately, by the…

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Two Approaches to Economic Development on American Indian Reservations: One Works, the Other Doesn't

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…

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Sovereignty and Nation-Building: The Development Challenge in Indian Country Today

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…

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We Are the Stewards: Indigenous-Led Fisheries Innovation in North America

We Are the Stewards: Indigenous-Led Fisheries Innovation in North America

This paper offers an overview of the current state of Indigenous-led fisheries management in the United States and Canada. It summarizes major trends in Indigenous-led fisheries innovation in North America and presents common keys and challenges to the success of these efforts. It chronicles three…

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Alaska Native Self-Government and Service Delivery- What Works

Alaska Native Self-Government and Service Delivery: What Works?

The Native peoples of Alaska have governed themselves for far longer than either the State of Alaska or the United States. Indeed, their rights of self-government are properly defended as basic human rights that are not unilaterally extinguishable by these other governments. Yet, today an…

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Myths and Realities of Tribal Sovereignty: The Law and Economics of Indian Self-Rule

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…

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2006_CORNELL_JOPNA_indigenouspeoples

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.1 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.