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View translated passages only
Oxford Law Citator
Contents
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Preliminary Material
Dedication
Foreword
Acknowledgements
Contents–Summary
Contents
Table of Cases
Australia
Canada
New Zealand
USA
Other
Table of Legislation
Australia
Commonwealth
Canada
New Zealand
USA
Main Text
Introduction
1 Tribal Membership Governance and the Cultural Production of Indigeneity: Reflecting Inter‐indigenous Recognition in Public Policy
Introduction
I: Recognition in Pluralist Theory: Giving Public Meaning to Culture
Culture, continuity, and constitution: the recognition and transformation of tribal communities
‘New culture’ and the cultural production of indigeneity
Recognition of cultural production: human boundaries in relational pluralism
New culture and its discontents: consequences for indigenous continuity claims
II: Tribal Practice: Enrolment and Recognition in Tribal Membership Governance
Tribes are descent‐based communities but self‐constitute relationally
a Tribes use tribe‐specific definitions of descent and also recruit non‐descendants
b ‘Descent’ can be reframed to serve tribal purposes
c The descent class is supplemented by rules allowing the enrolment of non‐descendants
d Tribes sometimes include non‐descendants as honorary, associate, and probationary members
Shared residency is not an essential element of constitutionalized tribalism
Tribes use concepts of indigeneity in the governance of membership
a Tribes recognize indigeneity when they express a preference for indigenous applicants
b Tribes recognize indigeneity when they limit the eligibility of persons enrolled in other tribes
Voluntary and associational characteristics of tribes: resignation and disenrolment
III: Operationalizing Indigenous Recognition Practices in Public Law and Policy
Tribal and indigenous demography: what is at stake and for whom?
Public categories: indigenous people and tribes
IV: Conclusion
2 Tribalism Constitutionalized: The Tribal Governance of Membership in Australia, Canada, New Zealand, and the United States
Introduction
I: Tribal Constitutions: Legibility and Accessibility
Publicity rules: tribes are usually not required to publish their constitutions
II: The Substance of Tribal Membership Regimes
Mandatory regimes: the meaning of descent
a New Zealand
b Australia
c Canada
d The United States
III: Multiple Membership
IV: Loss of Membership
V: Conclusion
3 Descent and Genealogy: The Changing Landscape of Tribal Membership Governance in the United States
Introduction
I: Race, genealogy, and tribes: normative controversies
Indianness v Descent
Indian blood v Tribal blood: the federal and tribal use of blood quantum rules
II: Formal Federal Influences on US Tribal Constitutionalism
Legislative mandates for secretarial review
Congressionally restored tribes: federal interventions on membership
Census rolls and base rolls: the legal meaning of descent
III: The Federal Concept of Blood Quantum and Its Enduring Influence on Tribes
Indian blood quantum and the sovereign status of tribes
IV: Changes in Tribal Membership Governance: The Genealogic Shift
Constitutional amendments
Changes in membership governance: 1941–2008
a Changes to descent rules
b Changes to discretionary incorporation rules
c Changes to multiple membership rules
V: Explaining Membership Changes: The Mutual Influences of Ideology, Money, and Documentation
IRA‐era constitution making: creating tribes by organizing Indians
a Establishing the Indianness of tribes: organizing persons of one‐half or more Indian blood
b The Act's ideal type and tribal migrations: setting the scene for termination policy
Termination policy
The impact of demographic and policy change on post‐IRA membership governance
VI: Conclusion
4 Tribal Constitutionalism and Historic Claims: The Impact of Claims Settlement on Tribal Membership Governance in Australia and New Zealand
Introduction
I: The Normative Challenge of Tribal Constitutionalism—The Consequences of Formalizing Membership Rules
Formalization of tribal membership: anxieties and assumptions
Claim processes: Australia and New Zealand
Choosing tribal boundaries: the impact of public law and policy on the external boundaries of tribes
II: The Function of Descent Rules in the Claims Process and Post‐claim Tribal Governance
Maoriness and membership in New Zealand: descent and the Treaty settlements process
Competing official and tribal concepts of descent: Australia
Indigeneity and membership in Australia: debates about descent in the native title process
III: Separating Culture and Governance: Strategies for Managing ‘Membership Juridification’
IV: Conclusion
Conclusion
Further Material
APPENDIX I List of Tribal Constitutions and Codes
APPENDIX II Tribal Membership in the United States—Charts
Bibliography
Index
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Table of Cases
From:
Tribal Constitutionalism: States, Tribes, and the Governance of Membership
Kirsty Gover
Content type:
Book content
Product:
Oxford Constitutions of the World [OCW]
Published in print:
01 December 2010
ISBN:
9780199587094
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