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

18 Pages Posted: 10 Oct 2006  

Ezra Rosser

American University - Washington College of Law

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 Classification: D74, H77

Suggested Citation

Rosser, Ezra, Caution, Cooperative Agreements, and the Actual State of Things: A Reply to Professor Fletcher. Tulsa Law Review, Vol. 42, p. 57, 2006. Available at SSRN: https://ssrn.com/abstract=936027

Ezra Rosser (Contact Author)

American University - Washington College of Law ( email )

4300 Nebraska Avenue, NW
Washington, DC 20016
United States

HOME PAGE: http://www.wcl.american.edu/faculty/

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