Source Publication Abbreviation
Or. L. Rev.
This article critiques the contemporary doctrine of Indian tribal self-determination thirty years after its inception in President Richard M. Nixon's famed 1970 Indian Message to Congress.
The first part focuses on the three most prominent strategies for tribal self-determination: 1) tribal strategy that seeks to "morph" their inherent and reserved sovereign powers into tribal regulatory powers that are effective throughout Indian Country; 2) tribal strategy that seeks to develop and assert economic sovereignty over their lands, resources, and commercial relationships as a means of revitalizing Indian Country; and 3) tribal strategy that seeks to reassert traditional cultural and religious beliefs and practices as a means to regenerate their societies within Indian Country.
Next the article compares two rival perspectives on the future of tribal self-determination: 1) the standard model of tribal self-determination within Indian Country, which holds promise only for that relatively small minority of tribes who view wealth creation as the central feature of the self-determination effort and are willing to fundamentally reshape their traditional institutions and beliefs to realize that goal; and 2) the transcendental model of tribal self-determination within Indian Country, which may hold greater promise for those tribes who value cultural renewal and social revitalization as the central feature of their tribal self-determination effort.
Tribes as Rich Nations
, 79 Or. L. Rev. 893
Available at: http://scholarship.law.umt.edu/faculty_lawreviews/69