Articles and Chapters

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A Call to Action

A Call to Action

As Native peoples across the country celebrate the 30th anniversary of the Indian occupation of Alcatraz (1969-1971) this fall, many newspapers, magazines and networks are filing stories that attempt to assess both the event's immediate impact as well as its cultural legacy. While many of these…

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Implicit Divestiture, Judicial Activism and the Rehnquist Court: A Cautionary Tale for Tribal Advocates

Implicit Divestiture, Judicial Activism and the Rehnquist Court: A Cautionary Tale for Tribal Advocates

Many tribal advocates have likened the legal corpus known as Federal Indian Law to a pendulum that swings back and forth under the forceful hand of the United States government and its political inclinations at any given moment. While this swinging pendulum has brought great uncertainity and…

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Transcending Borders in Tribal Nation-Building

Transcending Borders in Tribal Nation-Building

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--…

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Sovereignty and Peoplehood

Sovereignty and Peoplehood

The term "sovereignty" perplexes students of the American Indian policy perhaps more than any other concept. The word comes from the Old French soverain or souverein and was usually used in reference to a king or lord who had the undisputed right to make decisions and act accordingly with or…

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Northern Cheyenne Constitutional Reform

Northern Cheyenne Constitutional Reform

The Northern Cheyenne Tribe is a sovereign nation. It is a federally-recognized Indian tribe with powers and authority to govern the activities of its members. The Tribe is governed by a Constitution and Bylaws first adopted on November 23, 1935. In the early 1990s, in order to meet the…

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Broken Government: Constitutional Inadequacy Spawns Conflict at San Carlos

Broken Government: Constitutional Inadequacy Spawns Conflict at San Carlos

This article, published in 1999, examined the governmental conflict taking place at the San Carlos Apache Tribe. It explored the historical constitutional roots of the conflict, specifically the ineffectiveness and culturally inappropriate Indian Reorganization constitution and system of government…

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American Indians on Reservations- A Databook of Socioeconomic Change Between the 1990 and 2000 Censuses

American Indians on Reservations: A Databook of Socioeconomic Change Between the 1990 and 2000 Censuses

This study compiles 1990 and 2000 U.S. Census data on Native Americans residing on reservations and in designated Indian statistical areas in the lower 48 U.S. States. Gaming and non- gaming areas are compared to each other and to the U.S. as a whole. Data on fifteen measures ranging from income…

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Can Australia follow Obama's lead?

Can Australia follow Obama's lead?

This article was prompted by US President Barack Obama’s recent commitment to effectively empower American Indian nations to re-build their own decision-making capability. The President recognises that genuine self-determination is not only good public policy but is essential for…

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Per Capita Distributions of American Indian Tribal Revenues: A Preliminary Discussion of Policy Considerations

Per Capita Distributions of American Indian Tribal Revenues: A Preliminary Discussion of Policy Considerations

This paper examines policy considerations relevant to per capita distributions of tribal revenues. It offers Native nation leaders and citizens food for thought as they consider whether or not to issue per capita payments and, if they choose to do so, how to structure the distribution of funds and…

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Pine Ridge Renaissance: From the Ground Up, Sovereignty Can Be Real

Pine Ridge Renaissance: From the Ground Up, Sovereignty Can Be Real

This article chronicles the groundswell of small business development taking place on the Pine Ridge reservation in South Dakota, home to the Oglala Sioux Tribe. It examines the critical importance that citizen entrepreneurs can and do play in developing sustainable economies in Indian Country.

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Native Nations and Arizona's Economy

Native Nations and Arizona's Economy

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…

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The Ngaanyatjarra Lands Telecommunications Project: A Quest for Broadband in the Western Desert

The Ngaanyatjarra Lands Telecommunications Project: A Quest for Broadband in the Western Desert

Vast regions in Australia still have limited access to adequate telecommunications. With the rollout of the National Broadband Network underway, remote Indigenous Australia risks being left out, increasing its isolation and widening the ‘digital divide’. In the past, the vast Ngaanyatjarra…

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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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Pulya-ranyi: Winds of Change

Pulya-ranyi: Winds of Change

Milpirri is a Warlpiri way to get country to express itself. Country is expressing itself all the time. All around Australia, Indigenous people, culture and art express (in various forms) what animals, plants and the elements, including weather and the seasons themselves—look like and speak like…

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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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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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Critical junctures and economic development

Critical junctures and economic development - evidence from the adoption of constitutions among American Indian nations

Utilizing a novel data set on American Indian Nations, we investigate how conditions at critical junctures of development can have long-lasting economic effects. We investigate the effect of the party of the US President at the time when American Indian tribes adopt a written constitution for the…

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Reframing Return on Investments for Tribal Colleges and Universities: Aligning Analyses with Tribal Priorities and Educational Missions

Reframing return on investments for tribal colleges and universities: Aligning analyses with tribal priorities and educational missions

TCUs serve dual missions: educating students and addressing American Indian tribal priorities. Due to this unique status, mainstream ROI metrics fail to fully align with TCU missions. This paper critiques mainstream measures of ROI in the tribal context and provides insights into alternative ROI…

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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…