self-determination

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Tribal Law as Indigenous Social Reality and Separate Consciousness: [Re]Incorporating Customs and Traditions into Tribal Law

Tribal Law as Indigenous Social Reality and Separate Consciousness: [Re]Incorporating Customs and Traditions into Tribal Law

At some point in my legal career, I recall becoming increasingly uncomfortable with the inconsistencies between the values in the written law of various indigenous nations and the values I knew were embedded in indigenous societies themselves. The two are not entirely in harmony, and in fact, in…

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The Peoples’ Forest: Emerging Strategies on the Mescalero Apache Forest Reserves

The Peoples' Forest: Emerging Strategies on the Mescalero Apache Forest Reserves

This case raises questions about how American Indian Tribes reshape the care of forests on Indian lands by coordinating science-based forestry methodology and traditional ecological knowledge to meet their goals. Working the case, students are challenged to look for ways that the Mescalero Apache…

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Back to the Bison: Part II

Back to the Bison Case Study Part II

After the Confederated Salish Kootenai Tribes (CSKT) made the decision to work towards signing a management agreement, they began discussions with United States Fish and Wildlife Service (USFWS) in 1994 to pursue the co-management and joint operation of the National Bison Range Complex (NBRC) which…

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The Will of the People: Citizenship in the Osage Nation

The Will of the People: Citizenship in the Osage Nation

This teaching case tells the story of Tony, one of nine Osage government reform commissioners placed in charge of determining the "will of the people" in reforming the government of the Osage Nation. Because of Congressional law the Osage Nation had been forced into an alien form of government for…

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The Last Stand: the Quinault Indian Nation's Path to Sovereignty and the Case of Tribal Forestry

The Last Stand: the Quinault Indian Nation's Path to Sovereignty and the Case of Tribal Forestry

This case tells a story of forestry management policies on the Quinault Reservation. In the early years, the Office of Indian Affairs (OIA) and later the Bureau of Indian Affairs (BIA) acted like a landlord, allocating large timber sales to non-Indian timber companies. The Dawes Act fragmented the…

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Tribal Economic Development: Nuts & Bolts

Tribal Economic Development: Nuts & Bolts

Tribal economic development is a product of the need for Indian tribes to generate revenue in order to pay for the provision of governmental services. Unlike the federal government or states, Indian tribes – in general – have no viable tax base from which to generate revenues sufficient to…

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Securing Our Futures

Securing Our Futures

NCAI is releasing a Securing Our Futures report in conjunction with the 2013 State of Indian Nations. This report shows areas where tribes are exercising their sovereignty right now, diversifying their revenue base, and bringing economic success to their nations and surrounding communities. The…

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Aboriginal Nationhood and the Inherent Right to Self-Government

Aboriginal Nationhood and the Inherent Right to Self-Government

Canadian governments and courts recognize that pre-contact Aboriginal societies possessed their own legal and political systems and that to this day these nations have not surrendered the powers they fully exercised before colonial policies undercut their authority. Unfortunately, however, the…

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Indigenous Justice: Clearing Space and Place for Indigenous Epistemologies

Indigenous Justice: Clearing Space and Place for Indigenous Epistemologies

The realization of Self Determination for Indigenous Peoples is an exhilarating and fascinating movement that encourages human perseverance and an unfaltering belief in human potential and responsibility. It is a multi-dimensional movement that acknowledges and accepts human flaws while becoming…