Caution, Cooperative Agreements, and the Actual State of Things: A Reply to Professor Fletcher

Abstract:     
In this paper, I argue that tribal governments considering entering into cooperative agreements with federal, state, or local governments ought to maintain a healthy skepticism regarding the non-tribal governments sitting across from tribes at the negotiating table. Using the Williams-Laurence debate regarding the role of the actual state of things in Indian law as a lens for considering cooperative agreements, I conclude that tribes should focus on those cooperative agreement types that best accord with an ambitious understanding of tribal sovereignty.

Keywords: Indians, Cooperative Agreements, Sovereignty, Native Americans, Tribes

JEL Classifications: D74, H77

Accepted Paper Series