The consent paradigm: tribal sovereignty at the millenium
Article Abstract:
Tribal authority jurisprudence from 19975 to 1995 has shifted from the inherent sovereignty doctrine to consent-based sovereignty, and recent decisions have summarily affirmed state and federal authority to regulate activities occurring on tribal lands. The inherent sovereignty doctrine, upheld in United States v. Mazurie, tied tribal authority and jurisdiction to land. The consent-based approach of Duro v. Reina limits tribal power to tribal members. To preserve some semblance of sovereignty, Congress should establish expanded jurisdiction for tribal courts.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1996
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Forbearance agreements: invalid contracts for the surrender of sovereignty
Article Abstract:
Forbearance agreements, which limited federal authority to regulate certain thrifts, were granted by the Federal Home Loan Bank Board (FHLBB) to permit undercapitalized thrifts to operate. The FHLBB was later abolished, and the Financial Institutions Reform, Recovery and Enforcement Act was passed, voiding the forbearance agreements. Some thrifts have claimed that this is an unconstitutional taking of property. However, the FHLBB never had authority to surrender government sovereignty, so the agreements are invalid.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1992
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Mixing bodies and beliefs: the predicament of tribes
Article Abstract:
The author discusses legal questions revolving around the evolving criteria for membership in American Indian tribes. Topics include the race/ancestry problem, American Indian demography, intermarriage and multiracialism, and the case for broadening Indian identity.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 2001
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