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.

Native North Americans, Tribes

---

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.

Contracts, Financial institutions, United States. Federal Home Loan Bank Board, Public contracts, Government contracts

---

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.

United States, Ethnic identity

Similar abstracts:

• Abstracts: The cross-border insolvency paradigm: a defense of the modified universal approach considering the Japanese experience
• Abstracts: What happens to a license for intellectual property when one party to the agreement files for bankruptcy? The answer depends on the court involved
• Abstracts: Corruption, democracy and the World Bank. From rank-seeking to rent-seeking: changing administrative ethos and corruption in reform China
• Abstracts: New OECD treaty fights corruption; signatory countries will make it a crime to bribe foreign officials, which may level the playing field for the United States
• Abstracts: Patent preemption of computer software contracts restricting reverse engineering: the last stand? The property/contract interface

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.