Rachel Rose Starks

Native Nations and U.S. Borders: Challenges to Indigenous Culture, Citizenship, and Security

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A comprehensive review of Native nations along or near the U.S. borders with Mexico, Canada, and Russia response to border-related challenges to citizenship, crossing rights and border security, culture, the environment and natural resources, and public health and safety. This book seeks to inform discussions of border policy at all levels of government—tribal, local, state, and federal—and is intended to be a resource to Indigenous leaders; federal, state, and municipal policy-makers and authorities; researchers; and nongovernmental work involving border regions.

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Citation

Starks, Rachel Rose, Jen McCormack, and Stephen Cornell. Native Nations and the U.S. Borders: Challenges to Indigenous Culture, Citizenship, and Security. Udall Center Publications, The University of Arizona. Tucson, AZ. 2011. Book.

Tribal Child Welfare Codes as Sovereignty in Action. 2016 NICWA conference edition

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Tribal Child Welfare Codes as Sovereignty in Action. 2016 NICWA conference edition
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With passage of the Indian Child Welfare Act of 1978 (ICWA), Congress formally recognized Native nations’ inherent authority to govern child welfare matters and provided support for tribal self-determination over child welfare. Because ICWA “assumes that a tribal code is the governance mechanism by which a tribe establishes and implements its jurisdiction over all aspects of child well-being,” ICWA’s passage also marked the starting point for (re-)establishing tribal laws to govern the protection and care of Indian children and families.

Almost 40 years later, how have tribes responded to this opportunity? How have tribes’ child welfare laws and codes evolved? How might tribes strengthen their laws to implement their jurisdiction? How are Native nations enacting their sovereignty to protect their children?

Based on a study of 107 tribal child welfare codes conducted collaboratively by the Native Nations Institute (NNI) at The University of Arizona and the National Indian Child Welfare Association (NICWA), this report focuses on eight core aspects of tribal child welfare policy:

  • Jurisdiction
  • Mandatory reporting
  • Alternative (differential) responses
  • Paternity
  • Removal of a child from the family home
  • Termination of parental rights
  • Permanency (guardianships and adoption)
  • Best interest of the child

Where relevant, our discussions consider how tribal child welfare codes reflect tribal culture and tradition and how codes can reflect the specific needs of a tribal community. Throughout, the report aims to provide decision-relevant information for tribal leaders working to increase protections for their communities’ children and families.

 

Native Nations
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Citation

Starks, Rachel Rose, Adrian T. Smith, Mary Beth Jäger, Miriam Jorgensen, and Stephen Cornell. 2016. "Tribal Child Welfare Codes as Sovereignty in Action. [Conference Edition]." Paper presented at the 2016 National Indian Child Welfare Association Annual Meeting, St. Paul, MN, April 4-6, 2016. Portland, OR: National Indian Child Welfare Association; Tucson, AZ: Native Nations Institute.

Residence, Community Engagement, and Citizenship: How do non-resident tribal citizens connect with Native nations?

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The research draws from an online survey targeted primarily at younger tribal citizens living away from tribal lands; this project provides preliminary insight into 1) non-resident citizens' engagement with their tribes, and 2) the ways tribes might connect more effectively with non-resident citizens, should they choose to do so.

Native Nations
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Schultz, Jennifer Lee, Stephanie Carroll Rainie, and Rachel Rose Starks. Residence, Community Engagement, and Citizenship: How do non-resident tribal citizens connect with Native nations? Connecting Across Distance & Difference: Tribal Citizenship in a New Era. The NCAI Policy Research Center Tribal Leader/Scholar Forum. National Congress of American Indians Mid Year Conference. St. Paul, Minnesota. June 30, 2015. Paper.

Protecting Our Children: A Review of 100+ Tribal Welfare Codes

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NNI researchers Mary Beth Jäger (Citizen Potawatomi), Rachel Starks (Zuni/Navajo), and National Indian Child Welfare Association governmental affairs staff attorney, Adrian Smith shared the results of an ongoing study on culture, removal, termination of parental rights, and adoption in tribal child welfare codes.

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Starks, Rachel, Adrian Tobin Smith & Mary Beth Jager. Protecting Our Children: A Review of 100+ Tribal Welfare Codes. Poster Session: Research to Fuel our Futures. The NCAI Policy Research Center Tribal Leader/Scholar Forum. National Congress of American Indians Mid Year Conference. St. Paul, Minnesota. June 30, 2015. Poster.

Leadership Development in the Native Arts and Culture Sector

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Burgeoning cultural renewal in Native America and growing mainstream recognition of Native artists and their ideas have resulted in substantial growth in the Native arts and culture sector. The leaders of Native arts and cultural organizations have been a significant force behind this change. They promote Native artists, encourage connections among them, nurture the cultural links that underlie artists’ creativity and commitments, stimulate field development, help manage market growth and open pathways to new opportunities.

In Native communities, they (and the artists they support) have yet another role: As culture bearers, they generate space for collective self-definition and tribal self-determination.

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Citation

Jorgensen, Miriam, Rachel Starks. "Leadership Development in the Native Arts and Culture Sector." Ford Foundation. Native Nations Institute for Leadership, Management, and Policy, Udall Center for Studies in Public Policy, The University of Arizona. Tucson, Arizona. 2008. Report.

Per Capita Distributions of American Indian Tribal Revenues: A Preliminary Discussion of Policy Considerations

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This paper examines policy considerations relevant to per capita distributions of tribal revenues. It offers Native nation leaders and citizens food for thought as they consider whether or not to issue per capita payments and, if they choose to do so, how to structure the distribution of funds and make that distribution serve tribal goals. We describe this as a "preliminary discussion" because it represents only the first stage of an ongoing research project examining tribal per capita distribution policies and their effects.

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Citation

Cornell, Stephen, Miriam Jorgensen, Stephanie Carroll Rainie, Ian Record, Ryan Seelau, Rachel Rose Starks. "Per Capita Distributions of American Indian Tribal Revenues: A Preliminary Discussion of Policy Considerations." Published for the 2007 National Congress of the American Indians Annual Convention. Native Nations Institute for Leadership, Management and Policy, The University of Arizona. Tucson, Arizona. November 2007. Paper.

Land and Indigenous Business Development in Canada

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Indigenous Business in Canada addresses contemporary concerns and issues in the doing of Aboriginal business in Canada, reveals some of the challenges and diverse approaches to business in indigenous contexts from coast to coast to coast, and demonstrates the direct impact that history and policy, past and present, have on business and business education.

Students who study business in university are not likely to hear about or discuss examples of indigenous business successes from across the country. Rarely would one see references to indigenous communities, let alone examples of them growing multi-million dollar businesses and partnering to lead innovative economic development projects that positively impact the national economy. Resources are scarce and inadequate, an oversight that is to our detriment.

Somewhere between a textbook and a book of collected essays, this collection is an effort to build on and share the research of indigenous practitioners and scholars working in their respective fields. Where possible we share not only concepts, but also the voices of Aboriginal leaders, officials, Elders, and other members of Aboriginal communities.

Citation

Starks, R., & Jorgensen, M. (2016). Land and Indigenous business development in Canada. In K. G. Brown, M. B. Doucette, & J. E. Tulk (Eds.). Indigenous Business in Canada: Principles and Practices. Sydney, Nova Scotia: Cape Breton University Press.

Culture and Law: Preliminary Findings in a Review of 100+ Tribal Welfare Codes

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Over the last 35 years numerous tribes have created their own child welfare standards. By crafting child welfare codes that balance traditional culture and contemporary needs, tribes both protect member children (and their families) in culturally appropriate ways and reaffirm their sovereign authority.

Native Nations
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Citation

Jager, Mary Beth, Rachel Rose Starks, Adrian T. Smith, and Miriam Jorgensen. 2015. "Culture and Law: Preliminary Findings in a Review of 100+ Tribal Welfare Codes." The Judges' Pages Newsletter, no. Summer 2015.

Forwarding First Nation Goals Through Enterprise Ownership: The Mikisew Group Of Companies

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The Mikisew Group of Companies (Mikisew Group) is the business arm of the Mikisew Cree First Nation (MCFN). Founded in 1991 using monies from a $26.6 million land claim settlement with the governments of Alberta and Canada, it has achieved remarkable success. This success is evident in the wide arra y of business practice awards the group and its constituent companies have received, including Client of the Year (2008, Mikisew Group), Alberta Business Award of Distinction Eagle Feather finalist (2010, Mikisew Group), Alberta Apprenticeship and Industry Training Board Aboriginal Employer of the Year (2011, Mikis ew Fleet Man a gement), Pacrim Hospitality Company of the Year (2008, Super 8 Fort McMurray), Alberta Hotel and Lodging Association Housekeeping Award (2012, Super 8 Fort McMurray), and the Fort McMurray Tourism Ambassador of the Year (2009, Tim Gilles, general manager, Mikisew Sport Fishing).

But the Mikisew Group is not just a business. It is part of the MCFN’s overall strategy for increasing self-sufficiency and self-determination. Its success in these terms is evident in the substantial revenue it generates for MCFN, the jobs and careers it provides for the nation ’s citizens, and its ability to promote MCFN voice in decisions that affect the nation’s Aboriginal territory. This case study, part of a larger conversation about Aboriginal business achievement, explores the decisions and practices that have contributed to the Mikisew Group’s success.

Native Nations
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Citation

Jorgensen, Miriam and Rachel Starks. Forwarding First Nation Goals Through Enterprise Ownership: The Mikisew Group Of Companies. Prepared for the Indigenous Leadership and Management Program, The Banff Centre. Native Nations Institute for Leadership, Management, and Policy. The University of Arizona. Tucson, Arizona. April 2014. Case Study. (http://nni.arizona.edu/application/files/2314/6179/0332/2014-4_mikisew_case_study.pdf, accessed April 17, 2014)

Managing Land, Governing for the Future: Finding the Path Forward for Membertou

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This in-depth, interview-based study was commissioned by Membertou Chief and Council and the Membertou Governance Committee, and funded by the Atlantic Aboriginal Economic Development Integrated Research Program to investigate methods by which Membertou First Nation can further increase its decision-making power over economic development. Membertou has made significant economic strides but increasingly struggles against the limits of Canada's Indian Act, especially in terms of land management. Without a well-understood, reliable, and transactionally efficient land regime, the First Nation cannot achieve its community development goals. In fact, recent experiences with commercial and residential development have underscored the insufficiency of Indian Act protocols and the limits on "work-arounds" Membertou has used to avoid those protocols. A wholly new approach is needed.

Membertou's leadership has made the decision to participate in the Framework Agreement on First Nation Land Management as a means of opting out of the lands-relevant portions of the Indian Act. This project emerges from that decision and addresses the following questions: What more does the nation need to do at the level of band governance to implement the Framework Agreement? What institutional and legal infrastructure is needed to support First Nation-led land management? What might Membertou learn from other First Nations that are managing their own lands (under the Land Management Act or other arrangements such as self-governance agreements, treaty settlements, and comprehensive land claims)? What are the preferences of the Membertou community in terms of land management arrangements?

Native Nations
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Citation

Starks, Rachel. "Managing Land, Governing for the Future: Finding the Path Forward for Membertou." The Atlantic Aboriginal Economic Development Integrated Research Program. Dartmouth, Nova Scotia, Canada. September 2013. Case Study. (https://www.cbu.ca/wp-content/uploads/2019/08/FINAL-ManagingLandGoverningfortheFuture-FindingthePathForwardforMembertouMarch2014.pdf, accessed June 7, 2023)