Tribal Court Jurisdiction and Native Nation Economies: A Trip Down The Rabbit Hole
National Lawyers Guild Review, Vol. 67, p. 65, 2011
45 Pages Posted: 25 Jun 2010 Last revised: 19 May 2011
Date Written: August 21, 2009
Abstract
This Article will unfold in four sections. First, the Article gives an explanation of the hypothesis going into the project. Ultimately, the goal was to find a fix to current legislation which Amnesty International, for one, has found to be the predominate reason for the “profound failure” of tribes’ ability to protect their citizens. This Section will speak to the current state of Native Nations, the threats of judicial jurisdiction-stripping that bring effect to the current economic situation that tribes are in, and the proposed explanation for this state. Second, the Article will discuss the findings in testing the above hypothesis, concluding that the explanation runs deeper than meets the eye. In Section III the Article will take a deep look into the history of sovereignty in federal Indian law. Section IV will discuss this history, concluding that the reason for the current state is the result of over two hundred years of institutionalized racism and the protection of non-Indian business interests. In Section V the Article will propose a few solutions to the problem. Section VI will offer concluding remarks.
Keywords: Native Nations, Economic Development, Marshall, ICRA
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