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8 - A Narrative of Sovereignty: Illuminating the Paradox of the Domestic Dependent Nation

from Part II - Voices

Published online by Cambridge University Press:  11 December 2019

By
Sarah Krakoff
Edited by
Grant Christensen  and
Melissa L. Tatum
Grant Christensen
Affiliation:
University of North Dakota
Melissa L. Tatum
Affiliation:
University of Arizona
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Summary

A Narrative of Sovereignty: looks at the tangible ramifications that Supreme Court decisions have had and continue to have on reservation life. The piece focuses on the Navajo Nation and tracks how its tribal laws and policies have evolved with changing Supreme Court decisions from 1970 to 2003 to try to meet the needs of its people while living with the limits placed upon its authority by the courts. Krakoff concludes that courts need to be more cognizant of the effects of their decisions on reservation communities to ensure the cultural survival of American Indians.

Keywords

Navajoinherent powertaxlegislationAtkinson
Type
Chapter
Information
Reading American Indian Law
Foundational Principles
 , pp. 188 - 210
Publisher: Cambridge University Press
Print publication year: 2019

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References

Further Reading

Cooter, Robert & Fikentscher, Wolfgang, American Indian Law Codes: Pragmatic Law and Tribal Identity, 56 Am. J. Comp. L. 29 (2008).Google Scholar
Harvard Project on American Indian Economic Development, The State of Native Nations (Oxford University Press 2007).Google Scholar
Jorgensen, Miriam (ed.), Rebuilding Native Nations (University of Arizona Press 2007).Google Scholar
Kunesh, Patrice, Constant Governments: Tribal Resilience and Regeneration in Changing Times, 19 Kan. J.L. & Pub. Policy 8 (2009).Google Scholar
Pommersheim, Frank, A Path Near the Clearing: An Essay on Constitutional Adjudication in Tribal Courts, 27 Gonzaga L. Rev. 393 (1992).Google Scholar
Porter, Robert, Strengthening Tribal Sovereignty through Peacemaking: How the Anglo-American Legal Tradition Destroys Indigenous Societies, 28 Colum. Hum. Rts. L. Rev. 235 (1997).Google Scholar
Richotte, Keith, Legal Pluralism and Tribal Constitutions, 36 Wm. Mitchell L. Rev. 447 (2010).Google Scholar

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