JOPNAs

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Why beggar thy Indian neighbor? The case for tribal primacy in taxation in Indian country

Why beggar thy Indian neighbor? The case for tribal primacy in taxation in Indian country

The law governing taxation in Indian country is a mess. The accretion of common law precedents and the general tendency of states to assert primacy over the taxation of non-Indians create absurd outcomes. This article makes the case three ways. The argument based on the law shows that…

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We Are the Stewards: Indigenous-Led Fisheries Innovation in North America

We Are the Stewards: Indigenous-Led Fisheries Innovation in North America

This paper offers an overview of the current state of Indigenous-led fisheries management in the United States and Canada. It summarizes major trends in Indigenous-led fisheries innovation in North America and presents common keys and challenges to the success of these efforts. It chronicles three…

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Implementing the Federal Endangered Species Act in Indian Country: The Promise and Reality of Secretarial Order 3206

Implementing the Federal Endangered Species Act in Indian Country: The Promise and Reality of Secretarial Order 3206

Reviews the key requirements of the Endangered Species Act, pertinent executive orders, and Department of the Interior Secretarial Order 3206; discusses the differences tribes can make by creating and implementing their own habitat management plants, as alternatives to designation of critical…

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What Makes First Nations Enterprises Successful? Lessons from the Harvard Project

What Makes First Nations Enterprises Successful? Lessons from the Harvard Project

Some enterprises owned and operated by Native nations do well, and others don't. Of course this is true of all businesses--some succeed and others fail--and there are numerous reasons why. After all, building a successful business is a complex and challenging task. But in these and many other cases…

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Seizing the Future: Why Some Native Nations Do and Others Don't

Seizing the Future: Why Some Native Nations Do and Others Don't

Both research and the experience among Native nations daily drive home the conclusion that the so-called "nation-building" approach holds the keys to self-determined social, political, and economic development for indigenous communities. This approach emphasizes the critical role of asserting…

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Two Approaches to Economic Development on American Indian Reservations: One Works, the Other Doesn't

Two Approaches to Economic Development on American Indian Reservations: One Works, the Other Doesn't

As much of the world knows, American Indian nations are poor. What much of the world doesn't know is that in the last quarter century, a number of these nations have broken away from the prevailing pattern of poverty. They have moved aggressively to take control of their futures and rebuild their…

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The Concept of Governance and its Implications for First Nations

The Concept of Governance and its Implications for First Nations

What is governance? What is government? What does each do? And what distinguishes good governance - or good government - from bad? Why is the quality of governance important to the success of human societies? And what is the significance and meaning of self-governance? And What does effective self-…

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History's Lesson for HUD and Tribes

History's Lesson for HUD and Tribes

In 1998, Indian housing entered a new era. HUD ended its practice of channeling funds for Washington-designed Indian housing programs to HUD-sponsored local Indian Housing Authorities (IHAs) and converted programmatic funds into block grants to tribal housing agencies, which were allowed to design…

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Myths and Realities of Tribal Sovereignty: The Law and Economics of Indian Self-Rule

Myths and Realities of Tribal Sovereignty: The Law and Economics of Indian Self-Rule

The last three decades have witnessed a remarkable resurgence of the American Indian nations in the United States. The foundation of this resurgence has been the exercise of self-government (sovereignty) by the more than 560 federally- recognized tribes in the U.S. In this study, we explore legal…

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Reloading the Dice: Improving the Chances for Economic Development on American Indian Reservations

Reloading the Dice: Improving the Chances for Economic Development on American Indian Reservations

The experiences of a wide array of societies around the world amply demonstrate that achieving sustained, self-determined economic development is a complex and difficult task. Certainly this is the case on the Indian reservations of the United States, where numerous obstacles face tribal leaders,…

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Alaska Native Self-Government and Service Delivery- What Works

Alaska Native Self-Government and Service Delivery: What Works?

The Native peoples of Alaska have governed themselves for far longer than either the State of Alaska or the United States. Indeed, their rights of self-government are properly defended as basic human rights that are not unilaterally extinguishable by these other governments. Yet, today an…

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Sovereignty and Nation-Building: The Development Challenge in Indian Country Today

Sovereignty and Nation-Building: The Development Challenge in Indian Country Today

The Indian nations of the United States face a rare opportunity. This is not the occasional business opportunity of reservation legend, when some eager investor would arrive at tribal offices with a proposal guaranteed to produce millions of dollars for the tribe--although such investors still…

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Social and Economic Consequences of Indian Gaming in Oklahoma

Social and Economic Consequences of Indian Gaming in Oklahoma

Much has been written in the mainstream press about Indian gaming and its impact on Indian and non-Indian communities. The debate, however, tends to be focused on Class III or “casino-style” gaming. The effects of Class II gaming have largely been overlooked by the press and, unfortunately, by the…

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American Indian self-determination: The political economy of a successful policy

American Indian Self-Determination: The Political Economy of a Successful Policy

Examines the changing level of congressional support for the federal American Indian policy aimed at promoting self-determination, through self-governance of federally recognized tribes. 

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Indigenous Peoples, Poverty and Self-Determination in Australia, New Zealand, Canada and the United States

Indigenous Peoples, Poverty and Self-Determination in Australia, New Zealand, Canada and the United States

Australia, New Zealand, Canada and the United States are among the world’s wealthiest nations. It is an often noted irony–and an occasional source of embarrassment to the governments of these countries–that the Indigenous peoples within their borders are in each case among their poorest citizens.