Law Commons^™

A Tribute To Vine Deloria, Jr.: An Indigenous Visionary, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

A Standing Rock Lakota citizen, Deloria was arguably the most intellectually gifted and articulate spokesman for Indigenous nationhood in the twentieth century. He was never quite comfortable with the notion that he was, in fact, the principal champion of tribal nations and their citizens, since he expected that each Native nation and every tribal citizen express confidence in their own distinctive identities, develop their own unique talents, and wield their collective and individual sovereignty in a way that enriched not only their own nations but all those around them as well.

For Deloria, freedom and justice could only be achieved …

Federal Policy, Western Movement, And Consequences For Indigenous People: 1790-1920, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

In virtually every respect imaginable—economic, political cultural, sociological, psychological, geographical, and technological—the years from the creation of the United States through the Harding administration brought massive upheaval and transformation for native nations. Everywhere, U.S. Indian law (federal and state)—by which I mean the law that defines and regulates the nation's political and legal relationship to indigenous nations—aided and abetted the upheaval.

Indigenous Nations As Reserved Sovereigns, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

Some adhere to the idea that the federal government, as a democratic state founded on the rule of law, contains within its legal and political institutions and ideologies a framework that provides the necessary vaccines that will eventually cure the various and sundry indigenous ailments generated throughout American society by its social, economic, political and legal institutions.

By contrast, there are others who vigorously argue that the prevailing institutions of governance and law of the United States are incapable of providing justice to First Nations because they entail systems, ideologies, and values that represent non-Indians and thus they cannot possibly …

Tribal-State Affairs: American States As 'Disclaiming' Sovereigns, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

The history of tribal-state political relations has been contentious from the beginning of the republic. As a result of these tensions, the relationship of tribal nations and the federal government was federalized when the U.S. Constitution was ratified in 1788. Thus, a number of states, especially in the West, were required in their organic acts and constitutions to forever disclaim jurisdiction over Indian property and persons. This article analyzes these disclaimer clauses, explains the factors that have enabled the states to assume some jurisdictional presence in Indian Country, examines the key issues in which disclaimers continue to carry significant weight, …