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Shadow Nations
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Shadow Nations: Tribal Sovereignty and the Limits of Legal Pluralism

Bruce Duthu

Abstract

American Indian tribes have long been recognized as “domestic, dependent nations” in the United States with powers of self-government that operate within the tribes’ sovereign territories. Yet, over the years, Congress, and more recently, the US Supreme Court, has steadily eroded these tribal powers. The erosion of tribal powers reflects the legacy of an imperialist impulse within the nation that operates to constrain or eliminate any political power that may compete with it. These developments have served to move the nation away from its formative commitments to a legally plural society, i ... More

Keywords: tribal sovereignty, legal pluralism, liberalism, dependency, incorporation, constitutional structuralism, conventions on tribal sovereignty

Bibliographic Information

Print publication date: 2013 Print ISBN-13: 9780199735860
Published to Oxford Scholarship Online: September 2013 DOI:10.1093/acprof:oso/9780199735860.001.0001

Authors

Affiliations are at time of print publication.

Bruce Duthu, author
Dartmouth College

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