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Reserving to Themselves: Treaties and the Powers of Indian Tribes

Abstract

The present configuration of "federal Indian law" has been shaped by the world view and attitudes of the 1930s. Efforts to rework Cohen's Handbook of Federal Indian Law have largely failed because the editors followed the Cohen outline uncritically. Being a handbook, not a treatise, the Handbook really only reports the location of legal ideas—it does not identify and address inconsistencies in law. A much better format for arranging this body of materials would be to adopt a historical perspective based on treaties with major subfields of external sovereignty, internal sovereignty, and property rights.

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38 Ariz. L. Rev.  963 (1996)

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Authors

Vine Deloria Jr.

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