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Re-Evaluating Tribal Customs Of Land Use Rights, John C. Hoelle
Re-Evaluating Tribal Customs Of Land Use Rights, John C. Hoelle
University of Colorado Law Review
Indigenous peoples developed sustainable land tenure systems over countless generations, but these customary systems of rights are barely used by American Indian tribes today. Would increasing formal recognition of these traditional customs be desirable for tribes in a modern context? This Comment examines one traditional form of indigenous land tenure-the use right-and argues that those tribes that historically recognized use rights in land might benefit from increased reliance on these traditional customs. The Comment argues that in the tribal context, use rights can potentially be just as economically efficient, if not more so, than the Anglo- American system of unqualified, …
Saving Antitrust, Reza Dibadj