Abstract

http://ssrn.com/abstract=1401586
 
 

Citations (2)



 


 



Rethinking the Tribal Sovereignty Doctrine: Cultural Sovereignty and the Collective Future of Indian Nations


Wallace Coffey


affiliation not provided to SSRN

Rebecca A. Tsosie


Arizona State University (ASU) - Sandra Day O'Connor College of Law

2001

Stanford Law & Policy Review, Vol. 12, 2001

Abstract:     
This article calls for a reappraisal of the tribal sovereignty doctrine, one which looks within - to the "cultural sovereignty" of Indian Nations - for the core of its meaning rather than to an externally defined notion of tribal "political sovereignty." Part I of the article examines the limitations of the political sovereignty doctrine as it has been applied to Indian nations. In Part II, the article attempts to construct a doctrine of cultural sovereignty, premised on the central components of sovereignty as it is exercised and understood within tribal communities. Part III of the article suggests that cultural sovereignty is a process of reclaiming culture and of building nations. Using the metaphor of "repatriation," we discuss the key features of that process. Part IV concludes the article by offering a vision of what the future of Indian nations might be under a reconceptualized and integrated notion of political and cultural sovereignty.

Number of Pages in PDF File: 33

Keywords: cultural sovereignty, political sovereignty, tribal sovereignty

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Date posted: May 9, 2009 ; Last revised: June 9, 2011

Suggested Citation

Coffey, Wallace and Tsosie, Rebecca A., Rethinking the Tribal Sovereignty Doctrine: Cultural Sovereignty and the Collective Future of Indian Nations (2001). Stanford Law & Policy Review, Vol. 12, 2001. Available at SSRN: http://ssrn.com/abstract=1401586

Contact Information

Wallace Coffey
affiliation not provided to SSRN ( email )
Rebecca A. Tsosie (Contact Author)
Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )
Box 877906
Tempe, AZ 85287-7906
United States
480-965-2714 (Phone)
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