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Since 1975, when the U.S. government adopted a policy of self-determination for American Indian nations, a large number of the 562 federally recognized nations have seized the opportunity to govern themselves and determine their own economic, political, and cultural futures. As a first and crucial step in this process, many nations are revising constitutions originally developed by the U.S. government to create governmental structures more attuned to native people's unique cultural and political values. These new constitutions and the governing institutions they create are fostering greater governmental stability and accountability, increasing citizen support of government, and providing a firmer foundation for economic and political development. This book brings together for the first time the writings of tribal reform leaders, academics, and legal practitioners to offer a comprehensive overview of American Indian nations' constitutional reform processes and the rebuilding of native nations. The book is organized in three sections. The first part investigates the historical, cultural, economic, and political motivations behind American Indian nations' recent reform efforts. The second part examines the most significant areas of reform, including criteria for tribal membership/citizenship and the reform of governmental institutions. The book concludes with a discussion of how American Indian nations are navigating the process of reform, including overcoming the politics of reform, maximizing citizen participation, and developing short-term and long-term programs of civic education.
A revolution is underway among the Indigenous nations of North America. It is a quiet revolution, largely unnoticed in society at large. But it is profoundly important. From the High Plains states and Prairie Provinces to the southwestern deserts, from Mississippi and Oklahoma to the northwest coast of the continent, Native peoples are reclaiming their right to govern themselves and to shape their future in their own ways. Challenging more than a century of colonial controls, they are addressing severe social problems, building sustainable economies, and reinvigorating Indigenous cultures. In effect, they are rebuilding their nations according to their own diverse and often innovative designs. Produced by the Native Nations Institute for Leadership, Management, and Policy at the University of Arizona and the Harvard Project on American Indian Economic Development, this book traces the contours of that revolution as Native nations turn the dream of self-determination into a practical reality. Part report, part analysis, part how-to manual for Native leaders, it discusses strategies for governance and community and economic development being employed by American Indian nations and First Nations in Canada as they move to assert greater control over their own affairs. Rebuilding Native Nations provides guidelines for creating new governance structures, rewriting constitutions, building justice systems, launching nation-owned enterprises, encouraging citizen entrepreneurs, developing new relationships with non-Native governments, and confronting the crippling legacies of colonialism. For nations that wish to join that revolution or for those who simply want to understand the transformation now underway across Indigenous North America, this book is a critical resource. CONTENTS Foreword by Oren Lyons Editor's Introduction Part 1 Starting Points 1. Two Approaches to the Development of Native Nations: One Works, the Other Doesn't Stephen Cornell and Joseph P. Kalt 2. Development, Governance, Culture: What Are They and What Do They Have to Do with Rebuilding Native Nations? Manley A. Begay, Jr., Stephen Cornell, Miriam Jorgensen, and Joseph P. Kalt Part 2 Rebuilding the Foundations 3. Remaking the Tools of Governance: Colonial Legacies, Indigenous Solutions Stephen Cornell 4. The Role of Constitutions in Native Nation Building: Laying a Firm Foundation Joseph P. Kalt 5 . Native Nation Courts: Key Players in Nation Rebuilding Joseph Thomas Flies-Away, Carrie Garrow, and Miriam Jorgensen 6. Getting Things Done for the Nation: The Challenge of Tribal Administration Stephen Cornell and Miriam Jorgensen Part 3 Reconceiving Key Functions 7. Managing the Boundary between Business and Politics: Strategies for Improving the Chances for Success in Tribally Owned Enterprises Kenneth Grant and Jonathan Taylor 8. Citizen Entrepreneurship: An Underutilized Development Resource Stephen Cornell, Miriam Jorgensen, Ian Wilson Record, and Joan Timeche 9. Governmental Services and Programs: Meeting Citizens' Needs Alyce S. Adams, Andrew J. Lee, and Michael Lipsky 10. Intergovernmental Relationships: Expressions of Tribal Sovereignty Sarah L. Hicks Part 4 Making It Happen 11. Rebuilding Native Nations: What Do Leaders Do? Manley A. Begay, Jr., Stephen Cornell, Miriam Jorgensen, and Nathan Pryor 12. Seizing the Future: Why Some Native Nations Do and Others Don't Stephen Cornell, Miriam Jorgensen, Joseph P. Kalt, and Katherine Spilde Contreras Afterword by Satsan (Herb George) References About the Contributors Index
The April 2016 issue, Number 6, is the annual Developments in the Law special issue. The topic of this extensive contribution is "Indian Law," including specific focus on tribal executive branches, tribal authority to follow fresh pursuit onto nontribal land, reconsidering ICRA and rights, securing Indian voting rights, and indigenous people and extractive industries. In addition, the issue features these contents: • Article, "Reconstructivism: The Place of Criminal Law in Ethical Life," by Joshua Kleinfeld • Essay, "Rule of Law Tropes in National Security," by Shirin Sinnar • Book Review, "Coming into the Anthropocene," by Jedediah Purdy Furthermore, student commentary analyzes Recent Cases on excessive force and SWAT raids after "perfunctory" investigation; prior restraints and injunctions under copyright law; individual liability of FBI agents for detention of citizens abroad; religious establishment and display of the Ten Commandments; and charter schools as violations of state constitutional law. Finally, the issue includes four brief comments on Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. It comes out monthly from November through June and has roughly 2500 pages per volume. Student editors make all editorial and organizational decisions. This is the sixth issue of academic year 2015-2016.
Part of the series Key Concepts in Indigenous Studies, this book focuses on the concepts that recur in any discussion of nature, culture and society among the indigenous. The book, the third in a five-volume series, deals with the two key concepts of indigeneity and nation of indigenous people from all the continents of the world. With contributions from renowned scholars, activists and experts across the globe, it looks at issues and ideas of indigeneity, nationhood, nationality, State, identity, selfhood, constitutionalism, and citizenship in Africa, North America, New Zealand, Pacific Islands and Oceania, India, and Southeast Asia from philosophical, cultural, historical and literary points of view. Bringing together academic insights and experiences from the ground, this unique book with its wide coverage will serve as a comprehensive guide for students, teachers and scholars of indigenous studies. It will be essential reading for those in social and cultural anthropology, tribal studies, sociology and social exclusion studies, politics, religion and theology, cultural studies, literary and postcolonial studies, Third World and Global South studies, as well as activists working with indigenous communities.
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
After decades of federal dominance and dependence, Native governments now command attention as they exercise greater degrees of political, economic, and cultural power. Given the weight and importance of many issues confronting Native peoples today, these governments arguably matter even more to their peoples and to the broader society than ever before. Native governments have become critically important as the chief providers of basic services and the authors of solutions to collective problems in their societies. As major actors within the realm of democratic politics, they increasingly wield their powers to educate and advocate regarding Indigenous concerns. For many communities (including non-Native neighbors) they are the largest spenders and employers. They have also become adept at negotiating intergovernmental agreements that protect their peoples and resources while strengthening their unique political status. Native peoples and governments are also navigating the devastating and lingering health and economic impact of COVID-19; the profound environmental problems that have been exacerbated by climate change; and jurisdictional conflicts with local, state, and federal actors. Indigenous Governance is a comprehensive, critical examination of Native political systems: the senior political sovereigns on the North American continent in terms of their origin, development, structures, and operation. Author David E. Wilkins provides the recognition and respect due Indigenous governments, while offering a considered critique of their shortcomings as imperfect, sovereign institutions. This appraisal will highlight their history, evolution, internal and intergovernmental issues, and diverse structures.
Despite the central role blood quantum played in political formations of American Indian identity in the late nineteenth and twentieth centuries, there are few studies that explore how tribal nations have contended with this transformation of tribal citizenship. Those Who Belong explores how White Earth Anishinaabeg understood identity and blood quantum in the early twentieth century, how it was employed and manipulated by the U.S. government, how it came to be the sole requirement for tribal citizenship in 1961, and how a contemporary effort for constitutional reform sought a return to citizenship criteria rooted in Anishinaabe kinship, replacing the blood quantum criteria with lineal descent. Those Who Belong illustrates the ways in which Anishinaabeg of White Earth negotiated multifaceted identities, both before and after the introduction of blood quantum as a marker of identity and as the sole requirement for tribal citizenship. Doerfler’s research reveals that Anishinaabe leaders resisted blood quantum as a tribal citizenship requirement for decades before acquiescing to federal pressure. Constitutional reform efforts in the twenty-first century brought new life to this longstanding debate and led to the adoption of a new constitution, which requires lineal descent for citizenship.
Negotiation, understood simply as “working things out by talking things through,” is often anything but simple for Native nations engaged with federal, state, and local governments to solve complex issues, promote economic and community development, and protect and advance their legal and historical rights. Power Balance builds on traditional Native values and peacemaking practices to equip tribes today with additional tools for increasing their negotiating leverage. As cofounder and executive director of the Indian Dispute Resolution Service, author Steven J. Haberfeld has worked with Native tribes for more than forty years to help resolve internal differences and negotiate complex transactions with governmental, political, and private-sector interests. Drawing on that experience, he combines Native ideas and principles with the strategies of “interest-based negotiation” to develop a framework for overcoming the unique structural challenges of dealing with multilevel government agencies. His book offers detailed instructions for mastering six fundamental steps in the negotiating process, ranging from initial planning and preparation to hammering out a comprehensive, written win-win agreement. With real-life examples throughout, Power Balance outlines measures tribes can take to maximize their negotiating power—by leveraging their special legal rights and historical status and by employing political organizing strategies to level the playing field in obtaining their rightful benefits. Haberfeld includes a case study of the precedent-setting negotiation between the Timbisha Shoshone Tribe and four federal agencies that resolved disputes over land, water, and other natural resource in Death Valley National Park in California. Bringing together firsthand experience, traditional Native values, and the most up-to-date legal principles and practices, this how-to book will be an invaluable resource for tribal leaders and lawyers seeking to develop and refine their negotiating skills and strategies.
Before Europeans arrived in what is now known as the United States, over 600 diverse Native nations lived on the same land. This encroachment and subsequent settlement by Americans forcibly disrupted the lives of all indigenous peoples and brought about staggering depopulation, loss of land, and cultural, religious, and economic changes. These developments also wrought profound changes in indigenous politics and longstanding governing institutions. David E. Wilkins' two-volume work Documents of Native American Political Development traces how indigenous peoples have maintained and continued to exercise a significant measure of self-determination contrary to presumptions that such powers had been lost, surrendered, or vanquished. Volume One provided materials from the 1500s to 1933. This collection of primary source and other documents begins in 1933 and spans the subsequent eight decades. Broadly, the volume organizes this period into the following distinctive eras: indigenous political resurgence and reorganization (1934 to 1940s); indigenous termination/relocation (1940s to 1960s); indigenous self-determination (1960s to 1980s); and indigenous self-governance (1980s to present). Wilkins presents documents including the governing arrangements Native nations created and adapted that are comparable to formal constitutions; international and interest group records; statements by prominent Native and non-Native individuals; and sources featuring important innovations that display the political acumen of Native nations. The documents are arranged chronologically, and Wilkins provides concise, introductory essays to each document, placing them within the proper context. Each introduction is followed by a brief list of suggestions for further reading. This continued examination of fascinating and relatively unknown indigenous history, from a number of influential legal and political writings to the formal constitutions crafted since the American intervention of the Indian Reorganization Act of 1934, will be an invaluable resource for scholars and students of the history, law, and political development of Native peoples.
Public sociology—an approach to sociology that aims to communicate with and actively engage wider audiences—has been one of the most widely discussed topics in the discipline in recent years. The Handbook of Public Sociology presents a comprehensive look at every facet of public sociology in theory and practice. It pays particular attention to how public sociology can complement more traditional types of sociological practice to advance both the analytical power of the discipline and its ability to benefit society. The volume features contributions from a stellar list of authors, including several past presidents of the American Sociological Association such as Michael Burawoy, a leading proponent of public sociology. The first two sections of the Handbook of Public Sociology look at public sociology in relation to the other three types of practice—professional, policy, and critical—with an emphasis on integrating the four types into a holistic model of theory and practice. Subsequent sections focus on issues like teaching public sociology at various levels, case studies in the application of public sociology, and the role of public sociology in special fields in the discipline. The concluding chapter by Michael Burawoy, a past president of the American Sociological Association and a leading proponent of public sociology, addresses current debates surrounding public sociology and presents a constructive vision for the future that embraces and improves upon all four types of sociology. The Handbook of Public Sociology with its examination not only of public sociology but also of how it can enhance and complement other types of practice, transcends differences in the field and will appeal to a wide range of academics, students, and practitioners.