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Shadow NationsTribal Sovereignty and the Limits of Legal Pluralism$
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Bruce Duthu

Print publication date: 2013

Print ISBN-13: 9780199735860

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199735860.001.0001

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Conclusion

Conclusion

Chapter:
(p.185) Conclusion
Source:
Shadow Nations
Author(s):

N. Bruce Duthu

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199735860.003.0008

In situating tribal sovereignty within the discourse of legal pluralism, this book seeks to chart a pathway towards more respectful tribal-federal political relations that will acknowledge and reaffirm a more robust and meaningful form of territorial sovereignty for Indian tribes. The examination identifies several potential obstacles - ideological, constitutional and institutional - that may stand in the way of this fuller expression of tribal sovereign power. Upon closer inspection, however, none of these potential obstacles were shown to be insuperable to this project. Ultimately, the book suggests that a form of bilateral nation-building - conventions on tribal sovereignty - offers the best hope for redirecting the trajectory of tribal-federal relations to better reflect the formative ethos of legal pluralism.

Keywords:   conventions on tribal sovereignty, complementariness, humility, spirit of liberty, ethos of legal pluralism

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