Laws and Codes

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Tribal Nations - The Story of Federal Indian Law

"Tribal Nations - The Story of Federal Indian Law" and discusses how the U.S. Supreme Court has handled Indian sovereignty over the past 50 years.

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Native Report: Caricieri Decision

Native Report: Caricieri Decision

Native Report tackles the Caricieri Decision, a complex legal ruling that touches on issues of sovereignty, Indian gaming and the placement of tribal lands into "trust status."

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Wolves Have A Constitution:” Continuities in Indigenous Self-Government

Wolves Have A Constitution: Continuities in Indigenous Self-Government

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…

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Indigenous Governance Toolkit

Indigenous Governance Toolkit

The Indigenous Governance Toolkit is an online resource developed for Indigenous nations, communities, individuals and organisations searching for information to build their governance. It covers all the basics — your rules, values, culture, membership, leadership, and decision making — and has…

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Traditional Governance and Constitution Making among the Gitanyow

Traditional Governance and Constitution Making among the Gitanyow

This paper is a report on traditional governance and constitution making among the Gitanyow people prepared for the Gitanyow and for the First Nations Governance Centre. The Gitanyow are well along in the development of a national constitution based on traditional governance, and this paper will…

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The Integration of Customary Law into the Australian Legal System

The Integration of Customary Law into the Australian Legal System

The theme of my address this morning emphasizes the important role that Indigenous people have, to take charge of our own destinies. The maintenance and integration of Aboriginal customary law is an essential part of this. It cannot be repeated often enough that a legal system must reflect the…

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Ngurra-kurlu: A way of working with Warlpiri people

Ngurra-kurlu: A way of working with Warlpiri people

Ngurra-kurlu is a representation of the five key elements of Warlpiri culture: Land (also called Country), Law, Language, Ceremony, and Skin (also called Kinship). It is a concept that highlights the primary relationships between these elements, while also creating an awareness of their deeper…

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Enabling the Data Revolution: An International Open Data Roadmap

Enabling the Data Revolution: An International Open Data Roadmap

Open data in the context of indigenous peoples and communities can be understood as a double-edged sword. On the one hand, open data can help indigenous communities, both internally and externally. Internally, it can be used to inform policy, allocate resources, and set a vision for indigenous…

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Processes of Native Nationhood: The Indigenous Politics of Self-Government

Processes of Native Nationhood: The Indigenous Politics of Self-Government

Over the last three decades, Indigenous peoples in the CANZUS countries (Canada, Australia, New Zealand, and the United States) have been reclaiming self-government as an Indigenous right and practice. In the process, they have been asserting various forms of Indigenous nationhood. This article…

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New Zealand's Constitution: A Report on a Conversation

New Zealand's Constitution: A Report on a Conversation He Kotuinga Korero mo Te Kaupapa Ture o Aotearoa

The appointment of the Constitutional Advisory Panel in August 2011 was another step in a longer and continuing conversation about how to govern the people, land and resources of Aotearoa New Zealand. The Panel was appointed as part of the Consideration of Constitutional Issues, which was agreed to…

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Culture and Law: Preliminary Findings in a Review of 100+ Tribal Welfare Codes

Culture and Law: Preliminary Findings in a Review of 100+ Tribal Welfare Codes

Over the last 35 years numerous tribes have created their own child welfare standards. By crafting child welfare codes that balance traditional culture and contemporary needs, tribes both protect member children (and their families) in culturally appropriate ways and reaffirm their sovereign…

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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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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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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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Redefining Tigua Citizenship

Redefining Tigua Citizenship

The materials in this informational guide are designed to provide you with important background information ”such as Tigua history, tribal population profiles, and fiscal impacts” related to upcoming membership criteria changes. Project Tiwahu is an Ysleta del Sur Pueblo-wide initiative to reclaim…

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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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Diné Food Sovereignty - A Report on the Navajo Nation Food System and the Case to Rebuild a Self Sufficient Food System for the Diné People

Diné Food Sovereignty: A Report on the Navajo Nation Food System and the Case to Rebuild a Self Sufficient Food System for the Diné People

In the most basic analysis, food is an essential component of human life. Food nourishes and sustains us; without adequate access to food, human beings cannot survive. As a basic necessity for life, food is interconnected with every sector of life and wellbeing including health (physical, mental,…

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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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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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Courts & Peacemaking in the Navajo Nation: A Public Guide

Courts & Peacemaking in the Navajo Nation: A Public Guide

The history of our judiciary begins in our ancient history. According to the Journey Narrative, the People journeyed through four worlds and, in the course of their journey, came upon many problems both natural and caused by the People, which had to be resolved before the journey…