Indigenous Governance Database
Articles and Chapters
Sovereignty and Peoplehood
The term "sovereignty" perplexes students of the American Indian policy perhaps more than any other concept. The word comes from the Old French soverain or souverein and was usually used in reference to a king or lord who had the undisputed right to make decisions and act accordingly with or…
Northern Cheyenne Constitutional Reform
The Northern Cheyenne Tribe is a sovereign nation. It is a federally-recognized Indian tribe with powers and authority to govern the activities of its members. The Tribe is governed by a Constitution and Bylaws first adopted on November 23, 1935. In the early 1990s, in order to meet the demands of…
Pine Ridge Renaissance: From the Ground Up, Sovereignty Can Be Real
This article chronicles the groundswell of small business development taking place on the Pine Ridge reservation in South Dakota, home to the Oglala Sioux Tribe. It examines the critical importance that citizen entrepreneurs can and do play in developing sustainable economies in Indian Country.
American Indians on Reservations: A Databook of Socioeconomic Change Between the 1990 and 2000 Censuses
This study compiles 1990 and 2000 U.S. Census data on Native Americans residing on reservations and in designated Indian statistical areas in the lower 48 U.S. States. Gaming and non- gaming areas are compared to each other and to the U.S. as a whole. Data on fifteen measures ranging from income…
Can Australia follow Obama's lead?
This article was prompted by US President Barack Obama’s recent commitment to effectively empower American Indian nations to re-build their own decision-making capability. The President recognises that genuine self-determination is not only good public policy but is essential for moving forward.…
Per Capita Distributions of American Indian Tribal Revenues: A Preliminary Discussion of Policy Considerations
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…
Negotiating Jurisprudence in Tribal Court and the Emergence of a Tribal State
Examination of jurisprudence in a single Ojibwe tribal court and the trials that take place in it over alleged violations of recently codified tribal law on off-reservation hunting suggests that many of these communities are becoming statelike and that tribal courts are instrumental in producing…
Broken Government: Constitutional Inadequacy Spawns Conflict at San Carlos
This article, published in 1999, examined the governmental conflict taking place at the San Carlos Apache Tribe. It explored the historical constitutional roots of the conflict, specifically the ineffectiveness and culturally inappropriate Indian Reorganization constitution and system of government…
Native Nations and Arizona's Economy
American Indians are disproportionately represented among the low-income residents of the state of Arizona. Across the United States—including in Arizona—reservation economies are growing at a fast pace but low starting points for growth mean that it will take years for American Indian…
Wolves Have A Constitution: Continuities in Indigenous Self-Government
This article is about constitutionalism as an Indigenous tradition. The political idea of constitutionalism is the idea that the process of governing is itself governed by a set of foundational laws or rules. There is ample evidence that Indigenous nations in North America–and in Australia and New…
The Ngaanyatjarra Lands Telecommunications Project: A Quest for Broadband in the Western Desert
Vast regions in Australia still have limited access to adequate telecommunications. With the rollout of the National Broadband Network underway, remote Indigenous Australia risks being left out, increasing its isolation and widening the ‘digital divide’. In the past, the vast Ngaanyatjarra…
Pulya-ranyi: Winds of Change
Milpirri is a Warlpiri way to get country to express itself. Country is expressing itself all the time. All around Australia, Indigenous people, culture and art express (in various forms) what animals, plants and the elements, including weather and the seasons themselves—look like and speak like…
Processes of Native Nationhood: The Indigenous Politics of Self-Government
Over the last three decades, Indigenous peoples in the CANZUS countries (Canada, Australia, New Zealand, and the United States) have been reclaiming self-government as an Indigenous right and practice. In the process, they have been asserting various forms of Indigenous nationhood. This article…
Culture and Law: Preliminary Findings in a Review of 100+ Tribal Welfare Codes
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…
Critical junctures and economic development - evidence from the adoption of constitutions among American Indian nations
Utilizing a novel data set on American Indian Nations, we investigate how conditions at critical junctures of development can have long-lasting economic effects. We investigate the effect of the party of the US President at the time when American Indian tribes adopt a written constitution for the…
Reframing return on investments for tribal colleges and universities: Aligning analyses with tribal priorities and educational missions
TCUs serve dual missions: educating students and addressing American Indian tribal priorities. Due to this unique status, mainstream ROI metrics fail to fully align with TCU missions. This paper critiques mainstream measures of ROI in the tribal context and provides insights into alternative ROI…
Indian Tribes and Human Rights Accountability
In Indian country, the expansion of self-governance, the growth of the gaming industry, and the increasing interdependence of Indian and non-Indian communities have intensified concern about the possible abuse of power by tribal governments. As tribes gain greater political and economic clout on…
Rethinking Rewriting: Tribal Constitutional Amendment and Reform
This essay examines the recent wave of American Indian tribal constitutional change through the framework of subnational constitutional theory. When tribes rewrite their constitutions, they not only address internal tribal questions and communicate tribal values, but also engage with other…
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…
The Dynamics of Navajo Peacemaking
This article explains the traditional Navajo justice process using social psychology and Navajo discourse. It identifies the nayee or monster (things that get in the way of a successful life) in disputes in light of cognitive dissonance or the state of tension when a person holds two inconsistent…