Indigenous Governance Database
Articles and Chapters
Race and American Indian Tribal Nationhood
This article bridges the gap between the perception and reality of American Indian tribal nation citizenship. The United States and federal Indian law encouraged, and in many instances mandated, Indian nations to adopt race-based tribal citizenship criteria. Even in the rare circumstance where an…
A Legal History of Blood Quantum in Federal Indian Law to 1935
The paper traces the development of the use of blood quantum, or fractional amounts of Indian blood to define Indian in federal law up to the Indian Reorganization Act of 1934. The paper shows that blood quantum was not widely used in federal law until the twentieth century, as the branches of the…
![Tribal Law as Indigenous Social Reality and Separate Consciousness: [Re]Incorporating Customs and Traditions into Tribal Law](/sites/default/files/styles/resources/public/resources/Screen%2520Shot%25202016-10-11%2520at%25201.22.13%2520PM.png?itok=pvkjKhR1 "Tribal Law as Indigenous Social Reality and Separate Consciousness: [Re]Incorporating Customs and Traditions into Tribal Law")
Tribal Law as Indigenous Social Reality and Separate Consciousness: [Re]Incorporating Customs and Traditions into Tribal Law
At some point in my legal career, I recall becoming increasingly uncomfortable with the inconsistencies between the values in the written law of various indigenous nations and the values I knew were embedded in indigenous societies themselves. The two are not entirely in harmony, and in fact, in…
Federalism and the State Recognition of Native American Tribes: A Survey of State-Recognized Tribes and State Recognition Processes Across the United States
In the last few years, states and tribes have increasingly realized that state recognition can serve as an important, albeit limited, alternative to federal recognition. This realization is evidenced by the many states that have recently codified their state recognition processes or are planning to…
The Commission on State-Tribal Relations: Enduring Lessons in the Modern State-Tribal Relationship
(From the article introduction) Forty years ago the relationship between state and tribes was primarily adversarial, both in perception and practice. Leaders of both state and tribal governments looked to the courts or Congress to define it in their favor, until events led to the creation…
Native American Lands and Natural Resource Development
The rules that govern oil, gas and mining on American Indian tribal lands are complex, and the tribes that seek economic development through natural resources face a range of challenges. In this report, Revenue Watch gives an overview of the issues and describes current approaches to natural…
Tribal sovereign immunity: An obstacle for non-Indians doing business in Indian Country?
Native American tribes consider sovereign immunity to be crucial for the protection of tribal resources and the promotion of tribal economic and social interests. Because of the uncertainties surrounding this doctrine, however, this very same tool of self-determination may be viewed as a…
Legal Pluralism and Tribal Constitutions
What do pigs roaming the streets of New York City during the first half of the nineteenth century and tribal constitutions have in common? The most obvious (and often the most correct) answer is, undoubtedly, “absolutely nothing.” However, tribal advocates, particularly those concerned with the…