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Articles 1 - 4 of 4
Full-Text Articles in Law
Breaking Into The Intergovernmental Matrix: The Lumbee Tribe's Efforts To Secure Federal Acknowledgment, David E. Wilkins
Breaking Into The Intergovernmental Matrix: The Lumbee Tribe's Efforts To Secure Federal Acknowledgment, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
This article discusses the concept of political recognition (both federal and state) of Indian tribes; explains the difference between administrative and legislative recognition; examines who is or should be empowered to extend federal recognition, the Congress or the executive branch; discusses the major factors that have compelled the Lumbees to seek federal recognition when they were already acknowledged by the state; and examines the major factors that have precluded them from securing complete federal recognition.
Guatemalan Political History: National Indian Policy, 1532-1954, David E. Wilkins
Guatemalan Political History: National Indian Policy, 1532-1954, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
The relationship between the Spanish and later the Guatemalan state with the Mayan Indians over the past four centuries is a fundamental component of Guatemalan political history. Since the beginnings of the nation, when the Mayans were political and military entities of power and independence with whom the Spanish had to come to terms; to the 1944-1954 "Revolutionary Era," when Indian communities were finally conceded limited social, economic, and political rights; and the period from 1979 to 1984 in which the military regimes killed "tens of thousands by some estimates as high as 80,000" Indians; the Indian population has been …
Transformations In Supreme Court Thought: The Irresistible Force (Federal Indian Law & Policy) Meets The Movable Object (American Indian Tribal Status), David E. Wilkins
Transformations In Supreme Court Thought: The Irresistible Force (Federal Indian Law & Policy) Meets The Movable Object (American Indian Tribal Status), David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
This article is a content analysis examination of 107 federal court cases involving American Indian tribal sovereignty and federal plenary power rendered between 1870 and 1921. Our focus, however, is the U.S. Supreme Court's Indian Law jurisprudence; thus ninety of the cases analyzed were Supreme Court opinions. The cases seemingly entail two separate braces of opinions. One brace included decisions which affirmed tribal sovereignty. The other brace entailed cases which negatively affected tribal sovereignty. These negative decisions generally relied on doctrines such as plenary power, the political question doctrine, or the so- called “guardian-ward” relationship. We argue that the Supreme …
Indian Tribal Sovereignty And The Environment, Sarah P. Campbell
Indian Tribal Sovereignty And The Environment, Sarah P. Campbell
University of Richmond Law Review
States and Indian tribes alike have compelling reasons for demanding regulatory jurisdiction over the Indian reservations' environments. Proponents of state regulation argue that "[a] state's ability to coordinate a successful and comprehensive hazardous waste management plan depends at least in part on state control of all hazardous waste activity within its borders." In some states, the reservations are not isolated from the activities and residents of the state. In Washington state, for example, some Indian reservations have a high percentage of non-Indian residents, and others contain cities, municipalities, and heavily industrialized areas. This "checkerboard" reservation developed from the federal government's …