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

33 Pages Posted: 9 May 2009 Last revised: 9 Jun 2011

Wallace Coffey

affiliation not provided to SSRN

Rebecca A. Tsosie

University of Arizona - James E. Rogers College of Law

Date Written: 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.

Keywords: cultural sovereignty, political sovereignty, tribal sovereignty

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: https://ssrn.com/abstract=1401586

Wallace Coffey

affiliation not provided to SSRN ( email )

Rebecca A. Tsosie (Contact Author)

University of Arizona - James E. Rogers College of Law ( email )

P.O. Box 210176
Tucson, AZ 85721-0176
United States

HOME PAGE: https://law.arizona.edu/rebecca-tsosie

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