Governance

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Aboriginal Nationhood and the Inherent Right to Self-Government

Aboriginal Nationhood and the Inherent Right to Self-Government

Canadian governments and courts recognize that pre-contact Aboriginal societies possessed their own legal and political systems and that to this day these nations have not surrendered the powers they fully exercised before colonial policies undercut their authority. Unfortunately, however, the…

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Indigenous Justice: Clearing Space and Place for Indigenous Epistemologies

Indigenous Justice: Clearing Space and Place for Indigenous Epistemologies

The realization of Self Determination for Indigenous Peoples is an exhilarating and fascinating movement that encourages human perseverance and an unfaltering belief in human potential and responsibility. It is a multi-dimensional movement that acknowledges and accepts human flaws while becoming…

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Restorative Dispute Resolution In Anishinaabe Communities - Restoring Conceptions of Relationships Based on Dodem

Restorative Dispute Resolution In Anishinaabe Communities - Restoring Conceptions of Relationships Based on Dodem

Social relationships, not political, hold communities together. In Anishinaabe communities, external colonial agencies created changes. External upheavals by colonial governments, education and helping agencies have eroded social structures that nourished communities. Yet, it is the Anishinaabe…

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Constitutions and Economic Development: Evidence from the American Indian Nations

Constitutions and Economic Development: Evidence from the American Indian Nations

This paper presents an empirical examination of economic and institutional development. Utilizing a novel data set on American Indian tribal nations we investigate how constitutional design affects economic development, while holding the broader legal and political environment fixed. Instrumental…

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Tribal Equity Toolkit: Sample Tribal Resolutions and Codes to Support Two Spirit & LGBT Justice in Indian Country

Tribal Equity Toolkit: Sample Tribal Resolutions and Codes to Support Two Spirit & LGBT Justice in Indian Country

This Toolkit has been developed to give tribal legislators a brief overview of legal and policy issues that impact the equal treatment of Two Spirit/ LGBT individuals. The Toolkit identifies areas in which existing laws discriminate against Two Spirit/ LGBT individuals, and offers sample resolution…

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Legal Pluralism and Tribal Constitutions

Legal Pluralism and Tribal Constitutions

What do pigs roaming the streets of New York City during the first half of the nineteenth century and tribal constitutions have in common? The most obvious (and often the most correct) answer is, undoubtedly, “absolutely nothing.” However, tribal advocates, particularly those concerned with the…

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Tribal Constitutions and Native Sovereignty

Tribal Constitutions and Native Sovereignty

More than 565 Indigenous tribal governments exercise extensive sovereign and political powers within the United States today. Only about 230 of the native communities that created these governments, however, have chosen to adopt written constitutions to define and control the political powers of…