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"With The Greatest Respect And Fidelity:" A Cherokee Vision Of The "Trust" Doctrine, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

The trust relationship is the conceptual/philosophical framework against which all relations between the federal government and indigenous groups are conducted. Yet despite the centrality of this concept, federal policymakers have no consistent or agreed upon definition of what the trust relationship actually entails. And, more importantly, indigenous conceptions of trust have rarely been assessed. This article analyzes and advances one tribe's—the Cherokee—perspective on trust. In focusing on how the Cherokee perceive trust, this section emphasizes that from an indigenous viewpoint the trust relationship embodies a complex and sophisticated understanding that both the tribe and the United States have reciprocal responsibilities …

Convoluted Essence: Indian Rights And The Federal Trust Doctrine, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

In recent years there has been growing resentment from what one might term, for lack of a better phrase, the "anti-trust" segment. These commentators have offered a host of arguments to support their position: the trust doctrine has been and is still used primarily to "give moral color to depredations of tribes;" it is "an assertion of unrestrained political power over Indians, power that may be exercised without Indian consent and without substantial legal restraint;" and it is really a "metaphor for federal control of Indian affairs without signifying any enforceable rights of the tribal `beneficiaries.'" Yet others suggest that …

[Introduction To] American Indian Sovereignty And The U.S. Supreme Court: The Masking Of Justice, David E. Wilkins

Bookshelf

"Like the miner's canary, the Indian marks the shift from fresh air to poison gas in our political atmosphere and our treatment of Indians, even more than our treatment of other minorities, reflects the rise and fall in our democratic faith, wrote Felix S. Cohen, an early expert in Indian legal affairs.

In this book, David Wilkins charts the "fall in our democratic faith" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. He offers compelling evidence that Supreme Court justices selectively used precedents and facts, both historical and contemporary, to arrive at decisions that have …