Add to ORKGIn this article we reject the premise that race is merely an independent variable when studying the relationship between Native Americans and U.S. law. Instead we advance a new theory construct that more accurately understands the specific relationship between tribal sovereignty and inequality in the U.S. legal system. We term this new theoretical approach resource-based control that considers 1) how groups are racialized in their economic relationships with the United States, 2) how that process is derivative of the continuing process of U.S. settler-colonialism, and 3) how U.S. law functions to protect the capital of the United States. We test resource-based control using a newly created tribal sovereignty index and corresponding measures...
Public Law 280 was a piece of legislation that dramatically altered the landscape of federal Indian ...
The author examines the three areas of law, tribal power, state jurisdiction, and equal protection, ...
This paper attempts to unpack questions at the intersections of race and sovereignty by analyzing tw...
Courts address equal protection questions about the distinct legal treatment of American Indian trib...
American Indian Tribes in the United States have a unique legal and political status shaped by fluct...
In American law, Native nations (denominated in the Constitution and elsewhere as “tribes”) are sove...
In the summer of 2020, two significant events brought into focus the relationship between Indigenous...
The debate over which legal Indigenous Peoples should govern Native American political power and pro...
This Article will demonstrate that virtually all elements of Indian affairs can be traced to the dec...
This article critiques the contemporary doctrine of Indian tribal self-determination thirty years af...
This article considers tribal, state, and federal cooperation to achieve good governance. Part II di...
The modern Congress and executive branch generally recognize that American Indian tribes retain thei...
This article implements the framework of whiteness of property to articulate the ways in which holdi...
This Article explains a longstanding problem in federal Indian law. For two centuries, the U.S. Supr...
While Native nations in the United States have tribal sovereignty—that is, the inherent freedom and ...
Public Law 280 was a piece of legislation that dramatically altered the landscape of federal Indian ...
The author examines the three areas of law, tribal power, state jurisdiction, and equal protection, ...
This paper attempts to unpack questions at the intersections of race and sovereignty by analyzing tw...
Courts address equal protection questions about the distinct legal treatment of American Indian trib...
American Indian Tribes in the United States have a unique legal and political status shaped by fluct...
In American law, Native nations (denominated in the Constitution and elsewhere as “tribes”) are sove...
In the summer of 2020, two significant events brought into focus the relationship between Indigenous...
The debate over which legal Indigenous Peoples should govern Native American political power and pro...
This Article will demonstrate that virtually all elements of Indian affairs can be traced to the dec...
This article critiques the contemporary doctrine of Indian tribal self-determination thirty years af...
This article considers tribal, state, and federal cooperation to achieve good governance. Part II di...
The modern Congress and executive branch generally recognize that American Indian tribes retain thei...
This article implements the framework of whiteness of property to articulate the ways in which holdi...
This Article explains a longstanding problem in federal Indian law. For two centuries, the U.S. Supr...
While Native nations in the United States have tribal sovereignty—that is, the inherent freedom and ...
Public Law 280 was a piece of legislation that dramatically altered the landscape of federal Indian ...
The author examines the three areas of law, tribal power, state jurisdiction, and equal protection, ...
This paper attempts to unpack questions at the intersections of race and sovereignty by analyzing tw...