Governance

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The Dynamics of Navajo Peacemaking

The Dynamics of Navajo Peacemaking

This article explains the traditional Navajo justice process using social psychology and Navajo discourse. It identifies the nayee or monster (things that get in the way of a successful life) in disputes in light of cognitive dissonance or the state of tension when a person holds two inconsistent…

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Rethinking Rewriting: Tribal Constitutional Amendment and Reform

Rethinking Rewriting: Tribal Constitutional Amendment and Reform

This essay examines the recent wave of American Indian tribal constitutional change through the framework of subnational constitutional theory. When tribes rewrite their constitutions, they not only address internal tribal questions and communicate tribal values, but also engage with other…

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An Essay on the Modern Dynamics of Tribal Disenrollment

An Essay on the Modern Dynamics of Tribal Disenrollment

Disenrollment is predominately about race, and money, and an “individualistic, materialistic attitude” that is not indigenous to tribal communities. Because many tribes have maintained the IRA’s paternalistic and antiquated definition of “Indian” vis-a-vis blood quantum (as discussed in “An Essay…

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Traditional Foods in Native America

Traditional Foods in Native America

Commissioned by the Centers for Disease Control and Prevention’s (CDC) Native Diabetes Wellness Program (NDWP), this report highlights traditional foods programs in six culturally and geographically diverse American Indian and Alaska Native communities. For decades, American Indian and Alaska…

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Attorney General’s Advisory Committee on American Indian/Alaska Native Children Exposed to Violence: Ending Violence so Children Can Thrive

Attorney General's Advisory Committee on American Indian/Alaska Native Children Exposed to Violence: Ending Violence so Children Can Thrive

This report was created as part of the Defending Childhood Initiative created by Attorney General Eric H. Holder, Jr. This initiative strives to harness resources from across the Department of Justice to: Prevent children's exposure to violence. Mitigate the negative impact of children's…

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Report on Best Practices in Developing Effective Processes of American Indian Constitutional Reform

Report on Best Practices in Developing Effective Processes of American Indian Constitutional Reform

The Executive Session on American Indian Constitutional Reform is a national working group of constitutional reformers from 12 American Indian nations and leading academics. The Executive Session meets twice a year to rethink strategies for strengthening tribal constitutions and constitution-making…

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Peacemaking Program of the Judicial Branch of the Navajo Nation

Peacemaking Program of the Judicial Branch of the Navajo Nation

The concept of peacemaking or hózh̨óji naat’aah goes back to the beginning of time and is embedded in the journey narrative. In fact, according to the journey narrative, the Holy People journeyed through four worlds. In the course of their journey, they came upon many problems, which were either…

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Swinomish Climate Change Initiative: Climate Adaptation Action Plan

Swinomish Climate Change Initiative: Climate Adaptation Action Plan

In the fall of 2008 the Swinomish Indian Tribal Community started work on a landmark two-year Climate Change Initiative to study the impacts of climate change on the resources, assets, and community of the Swinomish Indian Reservation and to develop recommendations on actions to adapt to projected…

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Native Entrepreneurship in South Dakota: A Deeper Look

Native Entrepreneurship in South Dakota: A Deeper Look

Native Entrepreneurship in South Dakota: a Deeper Look is designed to raise the profile of Native entrepreneurship in South Dakota and offer lessons for policymakers, foundations, tribes, and non-profits in developing effective policies and strategies. The research identified the following key…

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The Strategic Power of Data: A Key Aspect of Sovereignty

The Strategic Power of Data: A Key Aspect of Sovereignty

The lack of good data about U.S. American Indian and Alaska Native populations hinders tribes’ development activities, but it also highlights a space for sovereign action. In coming years, tribes will no doubt continue to advocate for better national data and at the same time increasingly implement…

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Pokagon Band of Potawatomi Indians: Elders Council Code

Pokagon Band of Potawatomi Indians: Elders Council Code

The Elders Council shall be organized for the purpose of: A. Providing guidance for the membership, Tribal Council, Judiciary, Executive, and Legislative branches of the Pokagon Band government on matters relative to history, traditions, and culture. B. Recommending to the Tribal Council goals and…

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In Defense of Tribal Sovereign Immunity: A Pragmatic Look at the Doctrine as a Tool for Strengthening Tribal Courts

In Defense of Tribal Sovereign Immunity: A Pragmatic Look at the Doctrine as a Tool for Strengthening Tribal Courts

Although the doctrine of tribal sovereign immunity was recently upheld by the Supreme Court in Michigan v. Bay Mills Indian Community, its existence continues to be attacked as antiquated and leading to unfair results. While most defenses of tribal sovereign immunity focus on how the doctrine is a…

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Traditional Governance: A Case Study of the Osoyoos Indian Band and Application of Okanagan Leadership Principles

Traditional Governance: A Case Study of the Osoyoos Indian Band and Application of Okanagan Leadership Principles

There are traditional Okanagan governance and leadership principles and guidelines that have been informed through language terms and traditional stories. These have been interpreted and taught to us by our elders of the Okanagan Nation. Five principles of traditional Okanagan leadership will be…

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Considerations in Implementing VAWA’s Special Domestic Violence Criminal Jurisdiction and TLOA’s Enhanced Sentencing Authority: A Look at the Experience of the Pascua Yaqui Tribe

Considerations in Implementing VAWA's Special Domestic Violence Criminal Jurisdiction and TLOA's Enhanced Sentencing Authority: A Look at the Experience of the Pascua Yaqui Tribe

On February 20, 2014, pursuant to the Violence Against Women Reauthorization Act of 2013 (VAWA 2013), the Pascua Yaqui Tribe was one of only three Tribes across the United States to begin exercising Special Domestic Violence Criminal Jurisdiction (SDVCJ) over non-Indian perpetrators of domestic…

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What Does Indigenous Participatory Democracy Look Like? Kahnawà:Ke's Community Decision Making Process

What Does Indigenous Participatory Democracy Look Like? Kahnawà:Ke's Community Decision Making Process

With the 1979 Community Mandate to move towards Traditional Government, the community of Kahnawà:ke has consistently requested more involvement in decision-making on issues that affect the community as a whole. The Kahnawà:ke Community Decision Making Process is a response to the community's call…

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Confederated Salish & Kootenai Tribes Climate Change Strategic Plan

Confederated Salish & Kootenai Tribes Climate Change Strategic Plan

Overwhelming scientific evidence demonstrates that human inputs of greenhouse gases are almost certain to cause continued warming of the planet. (Environmental Protection Agency, 2013) The Northwest has already observed climate changes including an average increase in temperature of 1.5°F over the…

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Indian Tribes and Human Rights Accountability

Indian Tribes and Human Rights Accountability

In Indian country, the expansion of self-governance, the growth of the gaming industry, and the increasing interdependence of Indian and non-Indian communities have intensified concern about the possible abuse of power by tribal governments. As tribes gain greater political and economic clout on…

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The Gitanyow Ayookxw: The Constitution of the Gitanyow Nation

The Gitanyow Ayookxw: The Constitution of the Gitanyow Nation

WE are the Gitanyow peoples. We have a long-standing and rich oral tradition which speaks to all aspects of our lives. This written Constitution must be interpreted and understood in the context of our oral history and oral traditions... THEREFORE, by virtue of our inherent right to…

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Tribal Nations and the United States: An Introduction

Tribal Nations and the United States: An Introduction

Tens of millions of Indigenous peoples inhabited North America, and governed their complex societies, long before European governments sent explorers to seize lands and resources from the continent and its inhabitants. These foreign European governments interacted with tribes in diplomacy, commerce…

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Valuing Tradition: Governance, Cultural Match, and the BC Treaty Process

Valuing Tradition: Governance, Cultural Match, and the BC Treaty Process

Self-governance negotiations are an integral part of British Columbia's modern day treaty process. At some treaty tables, impasses have resulted from differences on how to include traditional First Nations governance within treaty. Although some First Nations are determined to pursue traditional…