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Publisher:
Cambridge University Press
Online publication date:
April 2025
Print publication year:
2025
Online ISBN:
9781009540902
Creative Commons:
Creative Common License - CC Creative Common License - BY Creative Common License - NC
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/creativelicenses

Book description

North America's Indigenous inhabitants operated effective governments long before European arrival. Tribes built cities, developed laws, and participated in transcontinental trade networks. European arrival, however, brought many hardships for Indians. Although tribes were guaranteed the right to self-govern on reservations, the United States imposed severe restraints on tribal autonomy resulting in socioeconomic maladies, such as poverty and crime. Today, federal policies continue to inhibit tribal self-governance. As a result, tribes continue to suffer from these social ills. Becoming Nations Again argues empowering tribal governments is the key to solving tribal problems. It moves to liberate tribes from the antiquated regulations that apply only to tribal lands and allow tribes to exercise jurisdiction over all people on their land. Once this occurs, tribes will be free to implement their own laws and participate in the federalist system. This title is also available as Open Access on Cambridge Core.

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Contents

Full book PDF

Page 1 of 2


  • Becoming Nations Again
    pp i-i
  • Cambridge Studies in Economics, Choice, and Society - Series page
    pp ii-iv
  • Becoming Nations Again - Title page
    pp v-v
  • The Journey Towards Tribal Self-Determination
  • Copyright page
    pp vi-vi
  • Dedication
    pp vii-viii
  • Contents
    pp ix-xii
  • Acknowledgments
    pp xiii-xiv
  • Introduction
    pp 1-4
  • Part I - From Sovereigns to Wards
    pp 5-158
  • The History of Tribal Nations and the Law
  • 1 - The Original American Governments
    pp 7-22
  • 2 - “Discovering” and “Founding” America
    pp 23-37
  • 3 - Commerce and Culture
    pp 38-51
  • 4 - World War and American Revolution
    pp 52-60
  • 5 - Governing the United States and Tribal Rights
    pp 61-78
  • 6 - Indian Removal and the Cherokee Cases
    pp 79-97
  • 7 - Reservations and Federal Power
    pp 98-116
  • 8 - Allotment and Assimilation
    pp 117-130
  • 9 - The Indian New Deal to Tribal Termination
    pp 131-145
  • 10 - Tribal Self-Determination
    pp 146-158
  • Part II - Self-Determination Meets Paternalism
    pp 159-228
  • 11 - An Unfit Guardian
    pp 161-173
  • Ongoing Federal Paternalism
  • 12 - Excessive Federal Bureaucracy
    pp 174-189
  • 13 - Criminal Justice Crisis
    pp 190-209
  • 14 - Tribal Economic Development and Uncertain Civil Jurisdiction
    pp 210-228
  • Part III - Becoming Nations Again
    pp 229-310
  • 15 - Federal Recognition
    pp 231-248
  • 16 - Territorial Jurisdiction
    pp 249-265
  • 17 - Tribal Legal Institutions
    pp 266-281
  • 18 - Tribes as Nations
    pp 282-294
  • 19 - Education, Ethics, and the Law
    pp 295-308

Page 1 of 2


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