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Fostering State-Tribal Collaboration: An Indian Law Primer surveys federal Indian law in order to facilitate collaborative policy development between the states and Native American tribes. Wilkins addresses civil and criminal jurisdiction, taxation, the Indian Child Welfare Act and other human services issues, environmental regulation, Indian gaming and revenue sharing, intergovernmental agreements and limited waivers of sovereign immunity, encouraging a move away from conflict and litigation and towards communication and collaboration. She provides a historical context for the existing law and foundational knowledge to foster programs and policies that meet the needs of all citizens and engage in successful cross-jurisdictional policy development. Unlike most other authors of texts on Indian law, who write for academics or lawyers, Wilkens explains current issues using practical, jargon-free language, making her book of immediate practical value to policymakers and students.
American Indian nations are sovereign political entities within the United States. They have complex relationships with the federal government and increasingly with state governments. Regulatory conflict between Native nations and states has increased as Native nations have developed their own independent economies and some states have sought to assert their control over reservation territory. This book explores the intergovernmental conflict between Native nations and states, with a focus on the tension over the enforcement of state cigarette taxes for on-reservation sales. Anne F. Boxberger Flaherty asks: when do states and Native nations come to agreement, when do they disagree, and why are states sometimes willing to extend great efforts to assert their taxes on reservations? Flaherty uses a multi-method approach, with a historical review of expanding state involvement on reservations, a quantitative analysis of state enforcement of cigarette taxes on reservations, and a qualitative analysis of several specific case studies, including the potential for intergovernmental conflict over marijuana cultivation and sales on reservations to answer these questions. This book will be interest to scholars and researchers of Indigenous Politics, Native American Indian Politics, State Politics, and Intergovernmental Politics.
Communicates information about the histories, contemporary presence, and various other facts of the Native peoples of the United States. From publisher description.
“At the end of the Trail of Tears there was a promise,” U.S. Supreme Court Justice Neil Gorsuch wrote in the decision issued on July 9, 2020, in the case of McGirt v. Oklahoma. And that promise, made in treaties between the United States and the Muscogee (Creek) Nation more than 150 years earlier, would finally be kept. With the Court’s ruling, the full extent of the Muscogee (Creek) Reservation was reaffirmed—meaning that 3.25 million acres of land in Oklahoma, including part of the city of Tulsa, were recognized once again as “Indian Country” as defined by federal law. A Promise Kept explores the circumstances and implications of McGirt v. Oklahoma, likely the most significant Indian law case in well over 100 years. Combining legal analysis and historical context, this book gives an in-depth, accessible account of how the case unfolded and what it might mean for Oklahomans, the Muscogee (Creek) Nation, and other tribes throughout the United States. For context, Robbie Ethridge traces the long history of the Muscogee (Creek) Nation from its inception in present-day Georgia and Alabama in the seventeenth century; through the tribe’s rise to regional prominence in the colonial era, the tumultuous years of Indian Removal, and the Civil War and allotment; and into its resurgence in Oklahoma in the twentieth and twenty-first centuries. Against this historical background, Robert J. Miller considers McGirt v. Oklahoma, examining important related cases, precedents that informed the Court’s decision, and future ramifications—legal, civil, regulatory, and practical—for the Muscogee (Creek) Nation, federal Indian law, the United States, the state of Oklahoma, and Indian nations in Oklahoma and elsewhere. Their work clarifies the stakes of a decision that, while long overdue, raises numerous complex issues profoundly affecting federal, state, and tribal relations and law—and will continue to do so for the foreseeable future.
Native American peoples suffer from health, educational, infrastructure, and social deficiencies of the sort that most Americans who live outside tribal lands are wholly unaware of and would not tolerate. Indians are the poorest people in the United States, and their reservations are appallingly poverty-stricken; not surprisingly, they suffer from the numerous social pathologies that invariably accompany such economic conditions. Historically, most tribal communities were prosperous, composed of healthy, vibrant societies sustained over hundreds and in some instances perhaps even thousands of years. By creating sustainable economic development on reservations, however, gradual long-term change can be effected, thereby improving the standard of living and sustaining tribal cultures. Reservation “Capitalism” relates the true history, describes present-day circumstances, and sketches the potential future of Indian communities and economics. It provides key background information on indigenous economic systems and property-rights regimes in what is now the United States and explains how the vast majority of Native lands and natural resource assets were lost. Robert J. Miller focuses on strategies for establishing public and private economic activities on reservations and for creating economies in which reservation inhabitants can be employed, live, and have access to the necessities of life, circumstances ultimately promoting complete tribal self-sufficiency.
States have banned smoking in workplaces, restaurants, and bars. They have increased tobacco tax rates, extended "clean air" laws, and mounted dramatic antismoking campaigns. Yet tobacco use remains high among Americans, prompting many health professionals to seek bolder measures to reduce smoking rates, which has raised concerns about the social and economic consequences of these measures. Retail and hospitality businesses worry smoking bans and excise taxes will reduce profit, and with tobacco farming and cigarette manufacturing concentrated in southeastern states, policymakers fear the decline of regional economies. Such concerns are not necessarily unfounded, though until now, no comprehensive survey has responded to these beliefs by capturing the impact of tobacco control across the nation. This book, the result of research commissioned by Legacy and Columbia University's Institute for Social and Economic Research and Policy, considers the economic impact of reducing smoking rates on tobacco farmers, cigarette-factory workers, the southeastern regional economy, state governments, tobacco retailers, the hospitality industry, and nonprofit organizations that might benefit from the industry's philanthropy. It also measures the effect of smoking reduction on mortality rates, medical costs, and Social Security. Concluding essays consider the implications of more vigorous tobacco control policy for law enforcement, smokers who face social stigma, the mentally ill who may cope through tobacco, and disparities in health by race, social class, and gender.
Publisher description
A journal publication of the University of Texas School of Law and the Individual Rights and Responsibilities Section of the State Bar of Texas.