Stephen Cornell

Wolves Have A Constitution: Continuities in Indigenous Self-Government

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This article is about constitutionalism as an Indigenous tradition. The political idea of constitutionalism is the idea that the process of governing is itself governed by a set of foundational laws or rules. There is ample evidence that Indigenous nations in North America–and in Australia and New Zealand as well–were in this sense constitutionalists. Customary law, cultural norms, and shared protocols provided well understood guidelines for key aspects of governance by shaping both personal and collective action, the behavior of leaders, decision-making, dispute resolution, and relationships with the human, material, and spirit worlds. Today, many of these nations have governing systems imposed by outsiders. As they move to change these systems, they also are reclaiming their own constitutional traditions.

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Cornell, Stephen. "'Wolves Have A Constitution:' Continuities in Indigenous Self-Government." The International Indigenous Policy Journal. Volume 6,  Issue 1. January 2015. Paper. (https://turtletalk.files.wordpress.com/2015/03/continuities-in-indigenou..., accessed March 24, 2015)

Reclaiming Indigenous Health in the US: Moving beyond the Social Determinants of Health

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The lack of literature on Indigenous conceptions of health and the social determinants of health (SDH) for US Indigenous communities limits available information for Indigenous nations as they set policy and allocate resources to improve the health of their citizens. In 2015, eight scholars from tribal communities and mainstream educational institutions convened to examine: the limitations of applying the World Health Organization’s (WHO) SDH framework in Indigenous communities; Indigenizing the WHO SDH framework; and Indigenous conceptions of a healthy community. Participants critiqued the assumptions within the WHO SDH framework that did not cohere with Indigenous knowledges and epistemologies and created a schematic for conceptualizing health and categorizing its determinants. As Indigenous nations pursue a policy role in health and seek to improve the health and wellness of their nations’ citizens, definitions of Indigenous health and well-being should be community-driven and Indigenous-nation based. Policies and practices for Indigenous nations and Indigenous communities should reflect and arise from sovereignty and a comprehensive understanding of the nations and communities’ conceptions of health and its determinants beyond the SDH.

Native Nations
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Carroll,S.R.; Suina,M.; Jäger,M.B.; Black,J.; Cornell,S.; Gonzales,A.A.; Jorgensen,M.; Palmanteer-Holder,N.L.; DeLaRosa, J.S.; Teufel-Shone,N.I. Reclaiming Indigenous Health in the US: Moving beyond the Social Determinants of Health. Int. J. Environ. Res. Public Health 2022, 19, 7495. https:// doi.org/10.3390/ijerph19127495

Native Nations and U.S. Borders: Challenges to Indigenous Culture, Citizenship, and Security

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A comprehensive review of Native nations along or near the U.S. borders with Mexico, Canada, and Russia response to border-related challenges to citizenship, crossing rights and border security, culture, the environment and natural resources, and public health and safety. This book seeks to inform discussions of border policy at all levels of government—tribal, local, state, and federal—and is intended to be a resource to Indigenous leaders; federal, state, and municipal policy-makers and authorities; researchers; and nongovernmental work involving border regions.

This is the downloadable PDF. Purchase the book on the NNI Shop.

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Starks, Rachel Rose, Jen McCormack, and Stephen Cornell. Native Nations and the U.S. Borders: Challenges to Indigenous Culture, Citizenship, and Security. Udall Center Publications, The University of Arizona. Tucson, AZ. 2011. Book.

Stephen Cornell, Introduction to Native Nation Building, Alaska Tribal Government Symposium

Producer
Native Nations Institute
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An overview about Native nation building and the ability for Native communities in Alaska to rebuild their Native nations. 

Native Nations
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Native Nations Institute. "Keynote Address: Introduction to Native Nation Building." Alaska Tribal Government Symposium. Fairbanks, Alaska. November 15, 2016 

Transcript available upon request. Please email: nni@email.arizona.edu

Tribal Child Welfare Codes as Sovereignty in Action. 2016 NICWA conference edition

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Tribal Child Welfare Codes as Sovereignty in Action. 2016 NICWA conference edition
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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 which a tribe establishes and implements its jurisdiction over all aspects of child well-being,” ICWA’s passage also marked the starting point for (re-)establishing tribal laws to govern the protection and care of Indian children and families.

Almost 40 years later, how have tribes responded to this opportunity? How have tribes’ child welfare laws and codes evolved? How might tribes strengthen their laws to implement their jurisdiction? How are Native nations enacting their sovereignty to protect their children?

Based on a study of 107 tribal child welfare codes conducted collaboratively by the Native Nations Institute (NNI) at The University of Arizona and the National Indian Child Welfare Association (NICWA), this report focuses on eight core aspects of tribal child welfare policy:

  • Jurisdiction
  • Mandatory reporting
  • Alternative (differential) responses
  • Paternity
  • Removal of a child from the family home
  • Termination of parental rights
  • Permanency (guardianships and adoption)
  • Best interest of the child

Where relevant, our discussions consider how tribal child welfare codes reflect tribal culture and tradition and how codes can reflect the specific needs of a tribal community. Throughout, the report aims to provide decision-relevant information for tribal leaders working to increase protections for their communities’ children and families.

 

Native Nations
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Starks, Rachel Rose, Adrian T. Smith, Mary Beth Jäger, Miriam Jorgensen, and Stephen Cornell. 2016. "Tribal Child Welfare Codes as Sovereignty in Action. [Conference Edition]." Paper presented at the 2016 National Indian Child Welfare Association Annual Meeting, St. Paul, MN, April 4-6, 2016. Portland, OR: National Indian Child Welfare Association; Tucson, AZ: Native Nations Institute.

Closing the Gap: A North American Perspective

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This series of lectures is about “closing the gaps”–the socioeconomic and other gaps between Indigenous and mainstream populations in Australia. You might well wonder what a Yank academic is doing leading off such a series. I have to admit that I’ve wondered that myself. And I find myself somewhat intimidated by this audience, including as it does people–both in government and out, both Indigenous and non–who have invested not only good intentions but a lot of energy and intelligence and sheer hard work in trying to address those gaps. My knowledge of the on-the-ground problems here in Australia is modest in comparison to many of yours.

But I’m hoping I can persuade you today that there is relevance in exploring the experience of other countries, for yours is not the only one that faces this challenge. Earlier in this decade, New Zealand government policy toward Maori operated under a “closing the gaps” banner. There’s frequent debate in the news media in Canada about why the Aboriginal peoples of that country continue to languish in poverty. And my own country–the United States–has an Indigenous population that ranks at or near the bottom of the scale in household income, employment, health, housing, and other indicators, all of which lag far behind the American population as a whole...

Native Nations
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Cornell, Stephen. "Closing the Gap: A North American Perspective." A Public Lecture Sponsored by Reconciliation Australia. National Gallery of Art. Canberra, Australia. September 11, 2008. Presentation.

Indigenous Land Management in the United States: Context, Cases, Lessons

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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 ability of First Nations to add lands to reserves or to use their lands more effectively in productive and self-determined economic activity.

As it confronts these issues, AFN has been interested in how Indigenous land-management issues are being addressed by Native nations in the United States. What is the status of Indigenous lands in the U.S.? Do Native nations in the U.S. face similar challenges to those facing First Nations? Are Native nations in the U.S. engaged in practices that might offer ideas or lessons for First Nations?

There are substantial historical, legal, and political differences between the situations of Native nations in Canada and the U.S. But there also are substantial similarities. In both countries, land has been a pivotal issue–in many ways the pivotal issue–in the history of Indigenous-non-Indigenous relations. In both countries, despite massive land loss, Native nations retain remnant land bases with varying potential for economic development. In both countries, Native nations fiercely defend their remaining lands, seek to expand them, and are determined to exercise greater control over what happens on those lands.

This report addresses the status of Native lands in the U.S. It is divided into two parts. Part 1, “Overview of the U.S. Context,” reviews the history of Indigenous lands and provides an overview of current Indian land tenure and jurisdiction. Part 2, “Meeting the Land Management Challenge,” specifies the primary challenges facing Native nations in the U.S. as they attempt to manage their lands in ways that meet their own objectives and summarizes some of the innovative practices currently in use or being developed by American Indian nations. It identifies what we believe are key features of those practices. It also summarizes some of the relevant research on the relationship between control of Native lands and socioeconomic outcomes. Finally, it offers some recommendations based on the U.S. experience...

This report is featured on the Indigenous Governance Database with the permission of the Assembly of First Nations.

Native Nations
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Cornell, Stephen and Miriam Jorgensen. "Indigenous Land Management in the United States: Context, Cases, Lessons." A Report to the Assembly of First Nations. Grogan|Cornell Consulting. Tucson, Arizona. December 2011. Report.

Transcending Borders in Tribal Nation-Building

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Dr. Stephen Cornell addressed the Standing Committee on Aboriginal Affairs and Northern Development, House of Commons, in Ottawa, Canada. The following is the excerpted transcript from his address, which, among other things, discusses what really does and should matter to Indigenous peoples--whether they reside within the borders of the United States or Canada--when they attempt to engage in the often difficult process of tribal nation-building...

Native Nations
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Cornell, Stephen. "Transcending Borders in Tribal Nation-Building." Red Ink: A Native American Student Publication. Vol. 8, No. 2. American Indian Studies Program, The University of Arizona. Tucson, Arizona. 2000: 57-62. Article.

The First Nations Governance Act: Implications of Research Findings from the United States and Canada

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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 Governance Act (Bill C-61). In particular, AFN asked us to evaluate the proposed legislation from the point of view of the research
findings of the Harvard Project on American Indian Economic Development. This report is the result of that request.

Native Nations
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Cornell, Stephen, Miriam Jorgensen, Joseph P. Kalt. "The First Nations Governance Act: Implications of Research Findings from the United States and Canada." Office of the British Columbia Regional Vice-Chief, Assembly of First Nations. Native Nations Institute for Leadership, Management, and Policy, Udall Center for Studies in Public Policy, The University of Arizona. Tucson, Arizona. July 2002. Report.

Native Nations and Arizona's Economy

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American Indians are disproportionately represented among the low-income residents of the state of Arizona. Across the United States—including in Arizona—reservation economies are growing at a fast pace but low starting points for growth mean that it will take years for American Indian indicators of well-being to approach the levels enjoyed by non-Indian residents of Arizona.

Once on the margins of Arizona’s economy, Native nations are now significant contributors. Not only gaming, but mining, timber harvesting, tourism, and resort operations, among other Indian-owned business activities, generate jobs for Arizonans.

Increased Native self-determination created new economic opportunities for Indian nations. Strengthened Indigenous governance institutions created institutional environments that can sustain development. Together, these factors have spurred Native nation economic growth in the Southwest—and across the U.S. 

Native Nations
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Cornell, Stephen, Miriam Jorgensen. "Native Nations and Arizona's Economy," Building Arizona's Future: Jobs, Innovation and Competitiveness. 96th Arizona Town Hall, The University of Arizona. Tucson, Arizona. April 25-28, 2010. Report.