Law Commons^™

Indian Tribal Trust Funds, Nell Jessup Newton

Journal Articles

The United States government has long managed most Indian tribal money. Frequently, however, the government's failure to make sound investment decisions has resulted in substantial losses to the tribes. Such losses have been difficult to redress, for there is still uncertainty concerning the standard of care to which the government must be held in managing these funds. Although the courts have borrowed terms from trust law in characterizing the government's position, its responsibilities have never been clearly delineated. Attempts by Indian tribes to clarify the relationship through litigation have been hindered by the fact that access to the courts was …