plenary power

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Implicit Divestiture, Judicial Activism and the Rehnquist Court: A Cautionary Tale for Tribal Advocates

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…

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Implications of the Supreme Court's Embrace of Negative Stereotypes

Implications of the Supreme Court's Embrace of Negative Stereotypes

The issues surrounding Native stereotypes should not be dismissed or diminished as merely "surface" problems. "Indian" stereotypes go to the core of the legal, political and economic struggles that Indigenous peoples confront in their work to preserve and strengthen their respective cultures and…

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John Petoskey: Tribal Sovereign Immunity and the Michigan v. Bay Mills case: What the Future Likely Holds and How Native Nations Should Prepare

In this lecture for faculty and students of the University of Arizona's Indigenous Peoples Law and Policy Program, NNI Indigenous Leadership Fellow John Petoskey provides a comprehensive background of the Michigan v. Bay Mills case currently pending before the U.S. Supreme Court and discusses what…

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David Wilkins: Indigenous Governance Systems: Diversity, Colonization, Adaptation, and Resurgence

In this in-depth interview with NNI's Ian Record, federal Indian law and policy scholar David Wilkins discusses the incredible diversity and sophistication of traditional Indigenous governance systems, the profound impacts colonial policies had on those systems, and how Native nations are working…

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David Wilkins: Patterns in American Indian Constitutions

University of Minnesota American Indian Studies Professor David Wilkins provides a comprehensive overview of the resiliency of traditional governance systems among Native nations in the period leading up to the passage of the Indian Reorganization Act (IRA), and shares some data about the types of…

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Taylor Keen: The Disenfranchisement of the Cherokee Freedmen: Assertion or Abuse of Sovereignty?

Taylor Keen (Cherokee), a former member of the Cherokee Nation Council, discusses the stand he took against his nation's recent decision to disenfranchise the Cherokee Freedman. He offers a convincing argument against the move, explaining that taking away the citizenship rights of the Freedmen…

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Dismembering Natives: The Violence Done by Citizenship Fights

Dismembering Natives: The Violence Done by Citizenship Fights

Outside Indian Country most don't realize that over the past 10 years, several thousand people have had their tribal citizenship status terminated. Most were not dismembered for wrongdoing or adopted by other Native nations. They were simply identified by their elected officials as allegedly no…

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What is an Indian?

What is an Indian?

In the background of all issues involving American Indians is always the question of what is an Indian? While there are any number of groups in this country today who have complicated issues surrounding identity, there is no identity issue more complicated than that of American Indian identity. As…