Abstract

http://ssrn.com/abstract=990801
 


 



Federalism and the State Recognition of Native American Tribes: A Survey of State-Recognized Tribes and State Recognition Processes Across the United States


Alexa Koenig


University of California, Berkeley - School of Law; University of San Francisco

Jonathan Stein


Gabrielino-Tongva Tribe


Santa Clara Law Review, Vol. 48, 2008

Abstract:     
Federalism and the State Recognition of Native American Tribes provides an overview of the legal status of state-recognized Native American tribes¿tribes that have been recognized by their respective states, but not the federal government. In the article, the authors discuss how state recognition functions within our federalist system and why state recognition has become increasingly important for states and tribes. The authors also categorize the various recognition schemes utilized by states into state law, administrative, legislative and executive recognition processes. Further, the authors provide a summary of the tribes recognized by each state and each state's regulatory approach to tribal-state relations. The article concludes with a brief argument in favor of greater rights on the part of state tribes.

Keywords: indian law, federalism, state tribes, state recognition, Native Americans, American Indians, separation of powers

Accepted Paper Series


Not Available For Download

Date posted: June 5, 2007 ; Last revised: December 3, 2007

Suggested Citation

Koenig, Alexa and Stein, Jonathan, Federalism and the State Recognition of Native American Tribes: A Survey of State-Recognized Tribes and State Recognition Processes Across the United States. Santa Clara Law Review, Vol. 48, 2008. Available at SSRN: http://ssrn.com/abstract=990801

Contact Information

Alexa Koenig (Contact Author)
University of California, Berkeley - School of Law ( email )
215 Boalt Hall
Berkeley, CA 94720-7200
United States
University of San Francisco ( email )
2130 Fulton Street
San Francisco, CA 94117
United States
Jonathan Stein
Gabrielino-Tongva Tribe ( email )
501 Santa Monica Blvd, Ste. 500
Santa Monica, CA 90401-2490
United States
310-587-2203 (Phone)
310-587-2281 (Fax)
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