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The Trade-Off Between Self-Determination And The Trust Doctrine: Tribal Government And The Possibility Of Failure, Ezra Rosser
The Trade-Off Between Self-Determination And The Trust Doctrine: Tribal Government And The Possibility Of Failure, Ezra Rosser
Articles in Law Reviews & Other Academic Journals
This paper argues that tribes and scholars need to come to grips with the trade-off between trust and self-determination, and that failure to do so-by for example expressing a yearning that the trust doctrine was stronger-will lead to poor choices by tribes. Choices thus need to be based on an understanding of this trade-off and tribes must be aware that exercising self-determination inevitably will lead to a weakening of the trust doctrine over the areas which tribe's assume authority. This point is illustrated using a close analysis of the arguments used by the parties and the Supreme Court's treatment of …
The Nature Of Representation: The Cherokee Right To A Congressional Delegate, Ezra Rosser
The Nature Of Representation: The Cherokee Right To A Congressional Delegate, Ezra Rosser
Articles in Law Reviews & Other Academic Journals
This paper explores the history and present day implications of the Cherokee Nation's 1835 treaty-based right to a Congressional Delegate.