Indigenous Governance Database
Governance
An Essay on the Modern Dynamics of Tribal Disenrollment
Disenrollment is predominately about race, and money, and an “individualistic, materialistic attitude” that is not indigenous to tribal communities. Because many tribes have maintained the IRA’s paternalistic and antiquated definition of “Indian” vis-a-vis blood quantum (as discussed in “An Essay…
Tribal Per Capita Poverty - How About Disenrollment Bankruptcy?
“In November, a [Las Vegas] Review-Journal reporter and photographer encountered one of the disenrolled, 52-year-old Darla Hatcher, sleeping with her meager belongings in front of an upholstery shop in the homeless corridor. By way of introduction, she gestured toward nearby tribal land and said: “…
Sovereignty, Economic Development, and Human Security in Native American Nations
This study explores elements of the sovereignty dynamic in the government-to-government relationship between the United States and Native American nations to assess 1) what benefits Tribal communities glean from this unique relationship; and 2) whether enhanced Tribal sovereignty can enhance…
Tribal Nations and the United States: An Introduction
Tens of millions of Indigenous peoples inhabited North America, and governed their complex societies, long before European governments sent explorers to seize lands and resources from the continent and its inhabitants. These foreign European governments interacted with tribes in diplomacy, commerce…
Considerations in Implementing VAWA's Special Domestic Violence Criminal Jurisdiction and TLOA's Enhanced Sentencing Authority: A Look at the Experience of the Pascua Yaqui Tribe
On February 20, 2014, pursuant to the Violence Against Women Reauthorization Act of 2013 (VAWA 2013), the Pascua Yaqui Tribe was one of only three Tribes across the United States to begin exercising Special Domestic Violence Criminal Jurisdiction (SDVCJ) over non-Indian perpetrators of domestic…
Attorney General's Advisory Committee on American Indian/Alaska Native Children Exposed to Violence: Ending Violence so Children Can Thrive
This report was created as part of the Defending Childhood Initiative created by Attorney General Eric H. Holder, Jr. This initiative strives to harness resources from across the Department of Justice to: Prevent children's exposure to violence. Mitigate the negative impact of children's exposure…
Resource Center for Implementing Tribal Provisions of the Violence Against Women Act (VAWA): Webinars
The Intertribal Technical-Assistance Working Group on Special Domestic Violence Criminal Jurisdiction (ITWG) has participated in a series of webinars focused on defendants' rights issues (including indigent counsel); the fair cross section requirement and jury pool selection; prosecution skills;…
Tribal Code Development Checklist for Implementation of Special Domestic Violence Criminal Jurisdiction
This checklist (click to download) is designed as a tool to assist tribal governments seeking to develop tribal codes that implement special domestic violence criminal jurisdiction (SDVCJ) under section 904 of VAWA 2013. Tribal governments will likely be amending existing criminal codes, and every…
Confederated Salish & Kootenai Tribes Climate Change Strategic Plan
Overwhelming scientific evidence demonstrates that human inputs of greenhouse gases are almost certain to cause continued warming of the planet. (Environmental Protection Agency, 2013) The Northwest has already observed climate changes including an average increase in temperature of 1.5°F over the…
Swinomish Climate Change Initiative: Climate Adaptation Action Plan
In the fall of 2008 the Swinomish Indian Tribal Community started work on a landmark two-year Climate Change Initiative to study the impacts of climate change on the resources, assets, and community of the Swinomish Indian Reservation and to develop recommendations on actions to adapt to projected…
In Defense of Tribal Sovereign Immunity: A Pragmatic Look at the Doctrine as a Tool for Strengthening Tribal Courts
Although the doctrine of tribal sovereign immunity was recently upheld by the Supreme Court in Michigan v. Bay Mills Indian Community, its existence continues to be attacked as antiquated and leading to unfair results. While most defenses of tribal sovereign immunity focus on how the doctrine is a…
Community-Led Development
The purpose of this paper is to explore the concept and practice of community-led development. It is an approach to tackling local problems that is taking hold throughout the world. While its expression may vary depending upon the community and the specific area of focus, there are nonetheless some…
Journey to Economic Independence: B.C. First Nations' Perspectives
There are two approaches to economic development being pursued by the participant First Nations. One is creation of an economy through support for local entrepreneurs and the development of their individual enterprises (i.e. Westbank First Nation). The other is creation of an economy through…
Crime-Reduction Best Practices Handbook: Making Indian Communities Safe
In 2009, the Secretary of the Interior and the Assistant Secretary-Indian Affairs established a High Priority Performance Goal (HPPG) to reduce violent crime by a combined 5% within 24 months on targeted tribal reservations. The selected reservations were Rocky Boy’s (Montana), Mescalero (New…
Strategies for Creating Offender Reentry Programs in Indian Country
Weed and Seed, a community-based strategy sponsored by DOJ, is an innovative, comprehensive, multi-agency approach to law enforcement, crime prevention, and community revitalization. The strategy aims to prevent, control, and reduce violent crime, drug abuse, and gang activity in designated high-…
An Anishinaabe Tribalography: Investigating and Interweaving Conceptions of Identity During the 1910s on the White Earth Reservation
This article explores the varied ways in which the Anishinaabeg of White Earth defined themselves during the early twentieth century. It consists of two primary parts. In part 1 I go beyond the artifacts in order to enliven the history, to offer an alternative way of remembering the past. In this…
Northern Cheyenne Tribe: Traditional Law and Constitutional Reform
This profile by Sheldon C. Spotted Elk examines the U.S. government's infringement on the Northern Cheyenne's political sovereignty. Most significantly, it examines the relationship between the oral history of the Northern Cheyenne and its impact on traditional tribal governance and law. Following…
A Restatement of the Common Law of the Grand Traverse Band of Ottawa and Chippewa Indians
From 1872 until 1980 the United States government continually refused to recognize the sovereign status of the Grand Traverse Band of Ottawa and Chippewa Indians (GTB). For example, citizens of the Grand Traverse Band unsuccessfully attempted to regain this government-to-government relationship in…
The Economic and Fiscal Impacts of Indian Tribes in Washington
The economies of Washington’s Indian reservations have grown over the last half-decade, and despite some complaints to the contrary, Washington taxpayers have little to fear and much to gain from American Indian economic development. The evidence points to strong net benefits for Indians and non-…
A Legal History of Blood Quantum in Federal Indian Law to 1935
The paper traces the development of the use of blood quantum, or fractional amounts of Indian blood to define Indian in federal law up to the Indian Reorganization Act of 1934. The paper shows that blood quantum was not widely used in federal law until the twentieth century, as the branches of the…