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Tribal Law as Indigenous Social Reality and Separate Consciousness: [Re]Incorporating Customs and Traditions into Tribal Law

At some point in my legal career, I recall becoming increasingly uncomfortable with the inconsistencies between the values in the written law of various indigenous nations and the values I knew were embedded in indigenous societies themselves. The two are not entirely in harmony, and in fact, in…

The Commission on State-Tribal Relations: Enduring Lessons in the Modern State-Tribal Relationship

(From the article introduction) Forty years ago the relationship between state and tribes was primarily adversarial, both in perception and practice. Leaders of both state and tribal governments looked to the courts or Congress to define it in their favor, until events led to the creation…

Tribal sovereign immunity: An obstacle for non-Indians doing business in Indian Country?

Native American tribes consider sovereign immunity to be crucial for the protection of tribal resources and the promotion of tribal economic and social interests. Because of the uncertainties surrounding this doctrine, however, this very same tool of self-determination may be viewed as a…

Native American Lands and Natural Resource Development

The rules that govern oil, gas and mining on American Indian tribal lands are complex, and the tribes that seek economic development through natural resources face a range of challenges. In this report, Revenue Watch gives an overview of the issues and describes current approaches to natural…

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…

Indigenous Governance Database