Cooperation Without Submission

Cooperation Without Submission

Author: Justin B. Richland

Publisher: University of Chicago Press

Published: 2021-09-06

Total Pages: 245

ISBN-13: 022660876X

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"Justin B. Richland continues his study of the relationship between American law and government and Native American law and tribal governance in his new manuscript Cooperation without Submission: Indigenous Jurisdictions in Native Nation-US Engagements. Richland looks at the way Native Americans and government officials talk about their relationship and seek to resolve conflicts over the extent of Native American authority in tribal lands when it conflicts with federal law and policy. The American federal government is supposed to engage in meaningful consultations with the tribes about issues that affect the tribes under long standing Federal law which accorded the federal government the responsibility of a trustee to the tribes. It requires the government to act in the best interest of the tribes and to interpret agreements with tribes in a way that respects their rights and interests. At least partly based on a patronizing view of Native Americans, the law has also sought to protect the interests of the tribes from those who might take advantage of them. In Cooperation without Submission, Richland looks closely at the language employed by both sides in consultations between tribes and government agencies focusing on the Hopi tribe but also discussing other cases. Richland shows how tribes conduct these meetings using language that demonstrates their commitment to nation-to -nation interdependency, while federal agents appear to approach these consultations with the assumption that federal l aw is supreme and ultimately authoritative"--


Tribal Business Structure Handbook

Tribal Business Structure Handbook

Author: Karen J. Atkinson

Publisher:

Published: 2009

Total Pages:

ISBN-13: 9780692057650

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A comprehensive resource on the formation of tribal business entities. Hailed in Indian Country Today as offering "one-stop knowledge on business structuring," the Handbook reviews each type of tribal business entity from the perspective of sovereign immunity and legal liability, corporate formation and governance, federal tax consequences and eligibility for special financing. Covers governmental entities and common forms of business structures.


Indian Nations of Wisconsin

Indian Nations of Wisconsin

Author: Patty Loew

Publisher: Wisconsin Historical Society

Published: 2013-06-30

Total Pages: 241

ISBN-13: 0870205943

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From origin stories to contemporary struggles over treaty rights and sovereignty issues, Indian Nations of Wisconsin explores Wisconsin's rich Native tradition. This unique volume—based on the historical perspectives of the state’s Native peoples—includes compact tribal histories of the Ojibwe, Potawatomi, Oneida, Menominee, Mohican, Ho-Chunk, and Brothertown Indians. Author Patty Loew focuses on oral tradition—stories, songs, the recorded words of Indian treaty negotiators, and interviews—along with other untapped Native sources, such as tribal newspapers, to present a distinctly different view of history. Lavishly illustrated with maps and photographs, Indian Nations of Wisconsin is indispensable to anyone interested in the region's history and its Native peoples. The first edition of Indian Nations of Wisconsin: Histories of Endurance and Renewal, won the Wisconsin Library Association's 2002 Outstanding Book Award.


Tribal Consultation

Tribal Consultation

Author: United States. Bureau of Indian Affairs. Office of Indian Education Programs. Branch of Planning

Publisher:

Published: 1993

Total Pages: 152

ISBN-13:

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Tribal Cultural Resource Management

Tribal Cultural Resource Management

Author: Darby C. Stapp

Publisher: Rowman Altamira

Published: 2002-10-23

Total Pages: 261

ISBN-13: 075911644X

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The entrance of Native Americans into the world of cultural resource management is forcing a change in the traditional paradigms that have guided archaeologists, anthropologists, and other CRM professionals. This book examines these developments from tribal perspectives, and articulates native views on the identification of cultural resources, how they should be handled and by whom, and what their meaning is in contemporary life. Sponsored by the Heritage Resources Management Program, University of Nevada, Reno


Trust in the Land

Trust in the Land

Author: Beth Rose Middleton Manning

Publisher: University of Arizona Press

Published: 2011-02-15

Total Pages: 352

ISBN-13: 0816529280

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“The Earth says, God has placed me here. The Earth says that God tells me to take care of the Indians on this earth; the Earth says to the Indians that stop on the Earth, feed them right. . . . God says feed the Indians upon the earth.” —Cayuse Chief Young Chief, Walla Walla Council of 1855 America has always been Indian land. Historically and culturally, Native Americans have had a strong appreciation for the land and what it offers. After continually struggling to hold on to their land and losing millions of acres, Native Americans still have a strong and ongoing relationship to their homelands. The land holds spiritual value and offers a way of life through fishing, farming, and hunting. It remains essential—not only for subsistence but also for cultural continuity—that Native Americans regain rights to land they were promised. Beth Rose Middleton examines new and innovative ideas concerning Native land conservancies, providing advice on land trusts, collaborations, and conservation groups. Increasingly, tribes are working to protect their access to culturally important lands by collaborating with Native and non- Native conservation movements. By using private conservation partnerships to reacquire lost land, tribes can ensure the health and sustainability of vital natural resources. In particular, tribal governments are using conservation easements and land trusts to reclaim rights to lost acreage. Through the use of these and other private conservation tools, tribes are able to protect or in some cases buy back the land that was never sold but rather was taken from them. Trust in the Land sets into motion a new wave of ideas concerning land conservation. This informative book will appeal to Native and non-Native individuals and organizations interested in protecting the land as well as environmentalists and government agencies.


American Indian Tribal Law

American Indian Tribal Law

Author: Matthew L.M. Fletcher

Publisher: Wolters Kluwer

Published: 2020-02-02

Total Pages: 0

ISBN-13: 9781543813647

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Nearly every American Indian tribe has its own laws and courts. Taken together, these courts decide thousands of cases. Many span the full panoply of law—from criminal, civil, and probate cases, to divorce and environmental disputes. American Indian Tribal Law, now in its Second Edition, surveys the full spectrum of tribal justice systems. With cases, notes, and historical context, this text is ideal for courses on American Indian Law or Tribal Governments—and an essential orientation to legal practice within tribal jurisdictions. New to the Second Edition: A new chapter on professional responsibility and the regulation of lawyers in tribal jurisdictions Enhanced materials on Indian child welfare Additional materials on tribal laws that incorporate Indigenous language and culture Additional examples from tribal justice systems and practice Recent and noteworthy cases from tribal courts Professors and students will benefit from: A broad survey of dispute resolution systems within tribal jurisdictions A review of recent flashpoints in tribal law, such as internal tribal political matters, including intractable citizenship and election disputes enhanced criminal jurisdiction over nonmembers and non-Indians tribal constitutional reform, including a case study on the White Earth Nation Cases and material reflecting a wide range of American Indian tribes and legal issues Excerpts and commentary from a wellspring of current scholarship


Ancient Water Agreements, Tribal Law and Ibadism

Ancient Water Agreements, Tribal Law and Ibadism

Author: Katariina Simonen

Publisher: Springer Nature

Published: 2021-10-19

Total Pages: 198

ISBN-13: 3030852180

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This book traces the development of Oman's inclusive agreements and highlights their importance for international negotiations, dealing with issues most relevant to humanity's own survival today, nuclear weapons or climate change. In Oman, a historical seafaring nation on the south-eastern corner of the Arabian Peninsula, a culture of agreement that accommodates the interests of everyone has developed around the division of scarce water resources. Life in the arid inland of the Omani Hajar mountains would not have been possible without water. Irrigation channel (falaj) construction is extremely old and skilful therein. Local practices evolved around the division of water and land on the basis of fairness. The community would be best served by inclusion and the avoidance of conflict. A specific Islamic school called Ibadi arrived at Oman early on in the eighth century. Ibadi scholars conserved local practices. Consultation and mediation by sheikhs and the religious leader, Imam, became the law of the land. The Omanis were known as the People of Consultation, Ahl Al Shura. In time, the practice of inclusive agreements would extend far beyond the village level, affecting Oman ́s foreign policy under Sultan Qaboos. Oman ́s water diplomacy succeeded in uniting the contestants of the Middle East Peace Process in the 1990s to work together on common problems of water desalination.