Tribal Sovereignty and Education in the United States: A Political and Cultural Struggle for Preservation

2021 ◽  
Vol N° 169 (4) ◽  
pp. 23-35
Author(s):  
Claire Anchordoqui
Keyword(s):  
United States ◽  
The United States ◽  
Tribal Sovereignty ◽  
Cultural Struggle

scholarly journals A Raw Deal: Conflicts Over Tribal Sovereignty and Casino Proliferation

Elements ◽  
2009 ◽  
Vol 5 (1) ◽  
Author(s):  
Tim Mooney
Keyword(s):  
United States ◽  
American Indian ◽  
The United States ◽  
Tribal Sovereignty ◽  
Indian Gaming ◽  
The Federalist ◽  
Bargaining Position ◽  
Indian Tribes ◽  
To Come ◽  
National Governments

Federalism has played an important role in the explosion of legalized gambling in the United States in the last two decades. Indian gaming, in particular, has challenged state and national governments to come to terms with the place of American Indian tribes within the federalist system and organize a meaningful framework for the expansion of gaming on tribal lands. Now largely controlled by a federal statutory framework, Indian gaming has left states in a subordinate position in negotiating the establisment of major casino enterprises within their own borders. Confusion in states' rights during negotiations has further weakened their bargaining position, leading to extensive tribal casino development. The cooperation between states and tribes and states and casino corporations have facilitated casino proliferation throughout the United States, a trend that appears destined to contiue until the market is fully saturated.

scholarly journals Tribal Sovereign Immunity as a Defense in Overcoming IPR Challenges of Brand Name Pharmaceutical Patent Validity at PTAB – Effects on the Industry

2018 ◽  
Vol 18 (1) ◽  
Author(s):  
Elana Williams
Keyword(s):  
United States ◽  
The United States ◽  
Drug Manufacturer ◽  
Tribal Sovereignty ◽  
Brand Name ◽  
American Government ◽  
Sovereign Immunity ◽  
Court Of Appeals ◽  
Branded Drug ◽  
First Motion

Tribal sovereignty has been recognized by the American government since the establishment of the United States and tribal sovereign immunity has been a part of American jurisprudence for over a century. Tribal sovereign immunity continues to play an important role in modern times, especially in the last few years with the rise of inter partes review (IPR) proceedings stemming from the America Invents Act of 2011. IPR proceedings are filed with the United States Patent and Trademark Office (USPTO) and heard by the Patent Trial and Appeal Board (PTAB) as an alternative to or in conjunction with traditional patent litigation in the U.S. Court of Appeals for the Federal Circuit. Therefore, patent owners may have to defend their patents both at PTAB and in federal court.PTAB has recently granted its first motion to consider the issue of tribal sovereign immunity as it relates to patents covering the branded drug Restasis®. This case involves two giants of the pharmaceutical industry: Allergan PLC (Allergan), a brand name drug manufacturer who holds the Restasis® patents, and Mylan N.V. (Mylan), a generic pharmaceutical company.

Black Ink and the New Red Power: Native American Newspapers and Tribal Sovereignty

2005 ◽  
Vol 7 (3) ◽  
pp. 99-142 ◽  
Author(s):  
Patty Loew ◽  
Kelly Mella
Keyword(s):  
United States ◽  
Native American ◽  
Native Americans ◽  
Cultural Values ◽  
The United States ◽  
United States Government ◽  
Tribal Sovereignty ◽  
Red Power ◽  
News Reports ◽  
Tribal Governments

This research explores the relationship between Native American newspapers and tribal sovereignty. By means of a content analysis of more than a thousand environmental stories in four tribal newspapers in Wisconsin, interviews with Native American journalists, and discussions with Indian focus groups, the study examines the themes and values tribal journalists and their readers attach to sovereignty. The research suggests that Native newspapers are an important source of information about sovereignty for Native Americans. It also finds that cultural values and themes that reinforce sovereignty emerge from Native news reports about the environment. The United States Government has a unique legal relationship with Native American tribal governments as set forth in the Constitution of the United States, treaties, statutes, and court decisions. As executive departments and agencies undertake activities affecting Native American tribal rights or trust resources, such activities should be implemented in a knowledgeable, sensitive manner respectful of tribal sovereignty … to ensure that the Federal Government operates within a government-to-government relationship with federally recognized Native American tribes.

scholarly journals COVID-19 among American Indians and Alaska Natives in the United States: An early look

2021 ◽  
pp. 1-12
Author(s):  
Michele Connolly ◽  
Bette Jacobs ◽  
Francis C. Notzon
Keyword(s):  
United States ◽  
American Indians ◽  
The United States ◽  
Alaska Natives ◽  
Health Conditions ◽  
Tribal Sovereignty ◽  
Community Strength ◽  
The Us ◽  
The World ◽  
The Impact

To date the US has experienced the greatest number of cases and deaths due to COVID-19 in the world, but the impact has been even greater for American Indians and Alaska Natives (AIAN). Despite numerous disadvantages related to poor socioeconomic status and preexisting health conditions, Tribal sovereignty, community strength and resiliency have been important factors in limiting the burden of disease on Indigenous Americans. AIAN Tribes have repeatedly chosen to protect lives over Tribal income, choosing to close businesses that are the economic lifeblood of the reservations.

The Myth of Tribal Sovereignty: An Analysis of Native American Tribal Status in the United States

2010 ◽  
Vol 12 (4) ◽  
pp. 397-411 ◽  
Author(s):  
Algeria R. Ford
Keyword(s):  
United States ◽  
Native American ◽  
Final Section ◽  
The United States ◽  
Current Status ◽  
Tribal Sovereignty ◽  
History Of ◽  
Native American Tribes ◽  
State Rights ◽  
The U.S

AbstractThis article will first explore the history of Native American relations with the United States, examining early treatment of tribal nations by the U.S. government. It will then discuss the idea of sovereignty, more specifically as it relates to Native American tribes. The argument section rejects the idea that Native American Tribes are Sovereign Nations, explains why their current status is more akin to that of “States” by highlighting the similarities between state rights and current Native American, but concludes that native tribes are really quasi-states because they lack protection under the idea of federalism. The final section will discuss native views on the topic.

Reconceiving Schooling: Centering Indigenous Experimentation in Indian Education History

2020 ◽  
Vol 60 (4) ◽  
pp. 487-519
Author(s):  
Meredith L. McCoy ◽  
Matthew Villeneuve
Keyword(s):  
United States ◽  
History Of Education ◽  
The United States ◽  
Indian Education ◽  
Education History ◽  
Tribal Sovereignty ◽  
History Of ◽  
Indigenous Perspectives ◽  
Indigenous Educators ◽  
Federal Agents

Federal agents, church officials, and education reformers have long used schooling as a weapon to eliminate Indigenous people; at the same time, Indigenous individuals and communities have long repurposed schooling to protect tribal sovereignty, reconstitute their communities, and shape Indigenous futures. Joining scholarship that speaks to Indigenous perspectives on schooling, this paper offers seven touchpoints from Native nations since the 1830s in which Indigenous educators repurposed “schooling” as a technology to advance Indigenous interests. Together, these stories illustrate the broad diversity of Native educators’ multifaceted engagements with schooling and challenge settler colonialism's exclusive claim on schools. Though the outcomes of their efforts varied, these experiments with schooling represent Indigenous educators’ underappreciated innovations in the history of education in the United States.

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