Studies and Journal Articles

Implicit Divestiture of Tribal Powers: Locating Legitimate Sources of Authority in Indian Country

Excerpt: The United States Supreme Court has been severely criticized by tribal leaders, tribal advocates, and scholars for its treatment of tribal powers of self-government. The Court has been charged with straying too far from John Marshall’s “original proposition” that tribes are “distinct political communities, having territorial boundaries, within which their authority is exclusive, and …

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Midnight Rider: The EPA and Tribal Self-Determination

Republican Senator James Inhofe of Oklahoma added a rider to an otherwise benign transportation bill making it illegal for tribes residing within Oklahoma to operate environmental protection programs without first negotiating with the state government of Oklahoma. The rider eroded the federal trust relationship and infringed on Native self-determination. Oklahoma’s tribes and Native American leaders …

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