INTRODUCTION Fifty years ago, the United States took important but divergent steps to fundamentally reshape its relationship with Native Nations and its management of federal public lands. On July 8, 1970, President Nixon delivered a Special Message to the Congress on Indian Affairs. The President’s message marked the culmination of a years-long and major shift …
This article argues that the San Manuel decision and the Tuscarora- Coeur d’Alene line of cases adopt the wrong approach to determine whether federal statutes of general applicability that are silent as to tribes effectively divest tribes of their sovereign powers. Part I describes the Board’s decision in the San Manuel Indian Bingo and Casino …
2004- Labor Relations and Tribal Self-Governance Read More »
In the early 1970s, both the Canadian and United States federal governments introduced modern land claim agreements as a first step forward in the states’ recognition of Indigenous goals for self-determination. Since then, both the United States and Canadian federal governments have incrementally expanded their recognition of Indigenous rights to include Indigenous goals for political …
Excerpt: “federal promotion of tribal self-government under formal policies known as ‘self-determination’ is turning out to be, after a century or more of failed efforts to improve the lives of the U.S. indigenous people, the only strategy that has worked.”
