Series on Self-governance for Tribals: Management of minor forest produce and common property resources
Author:
Publisher:
Published: 2005
Total Pages: 514
ISBN-13:
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Network Sovereignty
Author: Marisa Elena Duarte
Publisher: University of Washington Press
Published: 2017-07-11
Total Pages: 207
ISBN-13: 029574183X
DOWNLOAD EBOOKIn 2012, the United Nations General Assembly determined that affordable Internet access is a human right, critical to citizen participation in democratic governments. Given the significance of information and communication technologies (ICTs) to social and political life, many U.S. tribes and Native organizations have created their own projects, from streaming radio to building networks to telecommunications advocacy. In Network Sovereignty, Marisa Duarte examines these ICT projects to explore the significance of information flows and information systems to Native sovereignty, and toward self-governance, self-determination, and decolonization. By reframing how tribes and Native organizations harness these technologies as a means to overcome colonial disconnections, Network Sovereignty shifts the discussion of information and communication technologies in Native communities from one of exploitation to one of Indigenous possibility.
Tribal Constitutionalism
Author: Kirsty Gover
Publisher: OUP Oxford
Published: 2010
Total Pages: 300
ISBN-13: 0199587094
DOWNLOAD EBOOKRecognized tribes are increasingly prominent players in settler state governance, but in the wide-ranging debates about tribal self-governance, little has been said about tribal self-constitution. Who are the members of tribes, and how are they chosen? Tribes in Canada, Australia, New Zealand and the United States are now obliged to adopt written constitutions as a condition of recognition, and to specify the criteria used to select members. Tribal Constitutionalism presents findings from a comparative study of nearly eight hundred current and historic tribal constitutions, most of which are not in the public domain. Kirsty Gover examines the strategies adopted by tribes and states to deal with the new legal distinction between indigenous people (defined by settler governments) and tribal members (defined by tribal governments). She highlights the important fact that the two categories are imperfectly aligned. Many indigenous persons are not tribal members, and some tribal members are not legally indigenous. Should legal indigenous status be limited to persons enrolled in recognized tribes? What is to be done about the large and growing proportion of indigenous peoples who are not enrolled in a tribe, and do not live near their tribal territories? This book approaches these complex questions head-on. Using tribal membership criteria as a starting point, this book provides a critical analysis of current political and sociolegal theories of tribalism and indigeneity, and draws on legal doctrine, policy, demographic data and tribal practice to provide a comparative evaluation of tribal membership governance in the western settler states.
Tribal Government Today
Author: James J. Lopach
Publisher: Routledge
Published: 2020-09-30
Total Pages: 204
ISBN-13: 9780367214913
DOWNLOAD EBOOKReservation politics certainly affect the quality of life in Indian communities, and the outlook for Indian self-determination movement cannot be assessed without an understanding of tribal government. The authors chose conversations with selected political leaders on the reservation as the best way of leaming about tribal government.
Tribal Business Structure Handbook
Author: Karen J. Atkinson
Publisher:
Published: 2009
Total Pages:
ISBN-13: 9780692057650
DOWNLOAD EBOOKA 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.
On the Drafting of Tribal Constitutions
Author: Felix S. Cohen
Publisher: University of Oklahoma Press
Published: 2006
Total Pages: 248
ISBN-13: 9780806138060
DOWNLOAD EBOOKFelix Cohen (1907–1953) was a leading architect of the Indian New Deal and steadfast champion of American Indian rights. Appointed to the Department of the Interior in 1933, he helped draft the Indian Reorganization Act (1934) and chaired a committee charged with assisting tribes in organizing their governments. His “Basic Memorandum on Drafting of Tribal Constitutions,” submitted in November 1934, provided practical guidelines for that effort.
The Tribal Moment in American Politics
Author: Christine K. Gray
Publisher: AltaMira Press
Published: 2013-05-23
Total Pages: 231
ISBN-13: 0759123810
DOWNLOAD EBOOKIn the “tribal moment in American politics,” which occurred from the 1950s to the mid- to late-1970s, American Indians waged civil disobedience for tribal self-determination and fought from within the U.S. legal and political systems. The U.S. government responded characteristically, overall wielding its authority in incremental, frequently double-edged ways that simultaneously opened and restricted tribal options. The actions of Native Americans and public officials brought about a new era of tribal-American relations in which tribal sovereignty has become a central issue, underpinning self-determination, and involving the tribes, states, and federal government in intergovernmental cooperative activities as well as jurisdictional skirmishes. American Indian tribes struggle still with the impacts of a capitalist economy on their traditional ways of life. Most rely heavily on federal support. Yet they have also called on tribal sovereignty to protect themselves. Asking how and why the United States is willing to accept tribal sovereignty, this book examines the development of the “order” of Indian affairs. Beginning with the nation’s founding, it brings to light the hidden assumptions in that order. It examines the underlying deep contradictions that have existed in the relationship between the United States and the tribes as the order has evolved, up to and into the “tribal moment.”
American Indian Tribal Law
Author: Matthew L.M. Fletcher
Publisher: Aspen Publishing
Published: 2020-02-02
Total Pages: 1188
ISBN-13: 1543817432
DOWNLOAD EBOOKNearly 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
Tribal Self-governance
Author: Nupur Tiwari
Publisher: Rawat Publications
Published: 2016
Total Pages: 0
ISBN-13: 9788131607541
DOWNLOAD EBOOK"After Independence, Constituent Assembly of India has taken several steps to protect the interests of the vast tribal population of India. Based on the Bhuria Committee Report, the PESA (Panchayat Extension to Scheduled Areas) Act was passed by the Parliament keeping in view the welfare and socio-economic development of the tribals. The PESA Act gives radical governance powers to the tribal community and recognizes its traditional community rights over local natural resources. This Act has also made it mandatory for the states having Scheduled Areas to make specific provisions for giving a broad range of powers to the tribals on matters relating to decision-making and development of their community. However, actual implementation of the provisions lies with the states. It was expected that the PESA would lead to self-governance and empowerment of the people, but the implementation of PESA is far from satisfactory. This book is an attempt to grasp the profound impact of effective implementation of PESA, with special emphasis on the extremist affected districts which are characterized by a high degree of poverty, lack of infrastructure, illiteracy, exploitation and marginalization. Through various case studies, the book tries to discuss the diverse issues and concerns relevant for people-centric governance for removing the discontent among the tribal population and assuring them that they have equal stake in the progress of the country. This book will contribute to enhancing our understanding of PESA and add to the experience in designing inclusive and accountable local representative institutions. The book will be useful not only for policy makers but also for those who contribute to broader national and regional debates on addressing these common challenges."--Publisher's description.
American Indian Tribal Governments
Author: Sharon O'Brien
Publisher: University of Oklahoma Press
Published: 1993
Total Pages: 372
ISBN-13: 9780806125640
DOWNLOAD EBOOKThis book describes the struggle of Indian tribes and their governments to achieve freedom and self-determination despite repeated attempts by foreign governments to dominate, exterminate, or assimilate them. Drawing on the disciplines of political science, history, law, and anthropology and written in a direct, readable style, American Indian Tribal Governments is a comprehensive introduction to traditional tribal governments, to the history of Indian-white relations, to the structure and legal rights of modern tribal governments, and to the changing roles of federal and state governments in relation to modem tribal governments. Publication of this book fills a gap in American Indian studies, providing scholars with a basis from which to begin an integrated study of tribal government, providing teachers with an excellent introductory textbook, and providing general readers with an accessible and complete introduction to American Indian history and government. The book's unique structure allows coverage of a great breadth of information while avoiding the common mistake of generalizing about all tribes and cultures. An introductory section presents the basic themes of the book and describes the traditional governments of five tribes chosen for their geographic and cultural diversity-the Senecas, the Muscogees, the Lakotas, the Isleta Pueblo, and the Yakimas. The next three chapters review the history of Indian-white relations from the time Christopher Columbus "discovered" America to the present. Then the history and modem government of each of the five tribes presented earlier is examined in detail. The final chapters analyze the evolution and current legal powers of tribal governments, the tribal-federal relationship, and the tribal-state relationship. American Indian Tribal Governments illuminates issues of tribal sovereignty and shows how tribes are protecting and expanding their control of tribal membership, legal systems, child welfare, land and resource use, hunting and fishing, business regulation, education, and social services. Other examples show tribes negotiating with state and federal governments to alleviate sources of conflict, including issues of criminal and civil jurisdiction, taxation, hunting and fishing rights, and control of natural resources. Excerpts from historical and modem documents and speeches highlight the text, and more than one hundred photos, maps, and charts show tribal life, government, and interaction with white society as it was and is. Included as well are a glossary and a chronology of important events.
