Indigenous Governance Database
Articles and Chapters
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…
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…
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…
Indigenous Traditional Ecological Knowledge in Agroforestry
Communities around the world have practiced diverse and evolving forms of agroforestry for centuries. While both Indigenous and non-Indigenous practitioners have developed agroforestry practices of great value, in this publication, we focus on the role of Indigenous, traditional ecological…
The Strategic Power of Data: A Key Aspect of Sovereignty
The lack of good data about U.S. American Indian and Alaska Native populations hinders tribes’ development activities, but it also highlights a space for sovereign action. In coming years, tribes will no doubt continue to advocate for better national data and at the same time increasingly implement…
Muscogee Constitutional Jurisprudence: Vhakv Em Pvtakv (The Carpet Under The Law)
In 1974, a group of Mvskoke citizens from Oklahoma sued the federal government in federal court. Hanging in the balance was the future of Mvskoke self-determination. The plaintiffs insisted that their 1867 Constitution remained in full effect, and that they still governed themselves pursuant to it…
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…
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…
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…
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…
Understanding the history of tribal enrollment
It's difficult to talk about tribal enrollment without talking about Indian identity. The two issues have become snarled in the twentieth century as the United States government has inserted itself more and more into the internal affairs of Indian nations. Ask who is Indian, and you will get…
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…
Navajo Cultural Identity: What can the Navajo Nation bring to the American Indian Identity Discussion Table?
American Indian identity in the twenty-first century has become an engaging topic. Recently, discussions on Ward Churchilla's racial background became a hotbed issue on the national scene. A few Native nations, such as the Pechanga and Isleta Pueblo, have disenrolled members. Scholars such as Circe…
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…
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…
Betting on a School
Ninety miles east of downtown Los Angeles in the San Bernardino Mountains, a school for Native American children peers down onto its main benefactor, a glittering, Las Vegas-style casino and hotel owned and operated by the Morongo Band of Mission Indians. Millions of dollars spent in the casino by…
First Nations Economic Development: The Meadow Lake Tribal Council
A new approach to economic development is emerging among the First Nations in Canada. This approach emphasizes the creation of profitable businesses competing in the global economy. These businesses are expected to help First Nations achieve their broader objectives that include: (i) greater…
Negotiating Jurisprudence in Tribal Court and the Emergence of a Tribal State: The Lac du Flambeau Ojibwe
The interaction between American Indian activism and changes in federal Indian policy since the 1960s has transformed American Indian tribes from largely powerless and impoverished kinshipâ€based communities into neocolonial statelike entities (Wilkinson 2005).1 Representing themselves as distinct…