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9 - Sovereignty and Property

from Part III - Property

Published online by Cambridge University Press:  11 December 2019

Grant Christensen
Affiliation:
University of North Dakota
Melissa L. Tatum
Affiliation:
University of Arizona
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Summary

Sovereignty and Property: uses the US Supreme Court’s 1989 decision in the case of Brendale v. Confederated Tribes as a vehicle for exploring ways in which the United States government, and the United States Supreme Court in particular, has treated Indian property differently than it treats property owned by non-Indians. In Brendale the Court concluded that tribes possessed the ability to zone only those parts of the reservation which retained their ‘Indian character.’ Singer demonstrates that the Court’s inconsistent treatment of tribal governments - sometimes treating them like sovereign governments and sometimes like private property owners – is driven by a particularly Western European philosophical conception of property.

Type
Chapter
Information
Reading American Indian Law
Foundational Principles
, pp. 215 - 237
Publisher: Cambridge University Press
Print publication year: 2019

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References

Further Reading

Ball, Milner S., Constitution, Court, Indian Tribes, 1987 Am. Bar. Foundation. Res. J. 1 (1987).CrossRefGoogle Scholar
Cross, Raymond, Sovereign Bargains, Indian Takings, and the Preservation of Indian Country in the Twenty-First Century, 40 Ariz. L. Rev. 425 (1998).Google Scholar
Koehn, Melissa L., The New American Caste System: The Supreme Court and Discrimination between Civil Rights Plaintiffs, 32 Mich. J.L. Reform 49 (1998).Google Scholar
Newton, Nell, Compensation, Reparations, & Restitution: Indian Property Claims in the United States, 28 Ga. L. Rev. 453 (1994).Google Scholar
Pascualucci, Jo, International Indigenous Land Rights: A Critique of the Jurisprudence of the Inter-American Court of Human Rights in Light of the United Nations Declaration on the Rights of Indigenous Peoples, 27 Wis. Int’l L.J. 51 (2009).Google Scholar
Pommersheim, Frank, Broken Landscape: Indians, Indian Tribes, and the Constitution (Oxford University Press 2009).Google Scholar
Robertson, Lindsay G., Conquest by Law: How the Discovery of America Dispossessed Indigenous Peoples of Their Lands (Oxford University Press 2007).CrossRefGoogle Scholar
Singel, Wenona & Fletcher, Matthew, Power, Authority, and Tribal Property, 41 Tulsa L. Rev. 21 (2005).Google Scholar
Tsosie, Rebecca, Land, Culture, and Community: Reflections on Native Sovereignty and Property in America, 34 Ind. L. Rev. 1291 (2001).Google Scholar
Wilkins, David E., Hollow Justice: A History of Indigenous Claims in the United States (Yale University Press 2013).CrossRefGoogle Scholar
Wood, Mary, Indian Land and the Promise of Native Sovereignty: The Trust Doctrine Revisited, 1994 Utah L. Rev. 1471 (1994).Google Scholar

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