Shadow nations
Subtitle: tribal sovereignty and the limits of legal pluralism
By: N. Bruce Duthu
Publisher: Oxford University Press
Published: 2013
Place of publication: Oxford, UK; New York
Language: eng
Number of pages: 234
ISBN-13: 9780199735860
Subjects: Indians of North America; Sovereignty; Legal status, laws; Government relations; Legal polycentricity
Description: This book argues for redirecting the trajectory of tribal-federal relations to better reflect the formative ethos of legal pluralism that operated in the nation's earliest years. It anticipates and redresses a number of objections - ideological, constitutional and institutional - that may impede the important work of revitalising tribal systems of self-government. Ultimately, the book suggests that we employ conventions on tribal sovereignty, a model of bilateral nation-building, as the preferred institutional architecture to accommodate the competing social, cultural and legal interests between the US native and non-native societies.
Notes: Includes bibliographical references (p. [213]-223) and index.
Table of contents: title: Tribal sovereignty and legal pluralism; title: In the shadows of the nation-state; title: Pluralism and liberalism : testing the limits of a measured separatism for tribal nations; title: Of guardians and wards : the Indian as Homo Sacer; title: Structure and relationship : the constitutional dimensions of federal and tribal power in Indian country; title: Coming full circle : (Re)building institutions to advance the ethos of legal pluralism.