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Full-Text Articles in Law
Clinton's Legacy On Indigenous Issues, David E. Wilkins
Clinton's Legacy On Indigenous Issues, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
The president, of course, has not express constitutional responsibility for Indian nations—that is a power reserved to the Congress under the commerce clause. Nevertheless, it is to the president, dating back to George Washington, who had an active hand in Indian affairs through the treaty process, that tribal nations and their leaders have most often looked to gauge the federal government's character and commitment to fulfill the nation's historic treaty and ongoing trust obligations to indigenous people.
Will Tribes Ever Be Able To "Trust" Their Federal Trustee?, David E. Wilkins
Will Tribes Ever Be Able To "Trust" Their Federal Trustee?, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
It is widely reported that the federal government has a trust relationship with the Indian peoples of this land, one of the many distinctive features of the indigenous/federal relationship. Despite the importance of this concept, legal and political commentators and, surprisingly, federal policy makers have radically conflicting definitions of what the trust relationship actually means.
"With The Greatest Respect And Fidelity:" A Cherokee Vision Of The "Trust" Doctrine, David E. Wilkins
"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
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 …