U.N. Declaration on the Rights of Indigenous Peoples
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) does not recognize the right of indigenous nations to own land outside the laws and rules of national governments. According to international historical doctrines of discovery, Indigenous Peoples, non-Christian nations,...
Robert Hershey, Professor of Law and American Indian Studies at The University of Arizona, dispels some longstanding stereotypes about what the federal government can and will do should a Native nation decide to amend its constitution to remove the Secretary of Interior approval clause or else make...
Scholar Jeff Corntassel (Cherokee) lays out his comprehensive explanation for what sustainable self-determination entails for Indigenous peoples in the 21st century, and provides examples of some of the ways that he and others are engaging in small and large acts of resurgence that contribute to...
UCLA School of Law "Good Native Governance" conference presenters, panelists and participants Reginald Pagaling, Marcos Guerrero, and Marshall McKay discuss their experience with cultural preservation and cooperation with the local and state governements. Reginald addresses the areas of concerns...
UCLA School of Law "Good Native Governance" conference presenters, panelists and participants Carole E. Goldberg, Matthew L.M. Fletcher, and Kristen A. Carpenter discuss law and the issues that Native nations deal with. Goldberg explains the recommendations of the Indian Law and Order Commission...
Indigenous Peoples live within the boundaries of nation-states but usually do not conform to the cultural, political, economic institutions and identities of their host states. Most contemporary democratic nation states are created by agreement through adoption of a constitution, which spells out...
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...
Self-determination is an expression often used in discussion of indigenous goals. However, the meaning of self-determination varies among Indigenous Peoples, scholars, international documents, and nation states. The most common meaning of self-determination suggests that peoples with common...
This brief paper addresses the nexus between good governance, human rights and Indigenous peoples’ self-determination particularly from Articles 3-6 and 46 of the 2007 UN Declaration on the Rights of Indigenous Peoples. The paper is placed within a MÄori good governance context with some broader...
Robert Hershey, Professor of Law and American Indian Studies at the University of Arizona, provides an overview of what Native nations need to consider when it comes to the legal process involved with reforming their constitutions, and dispels some of the misconceptions that people have about the...
