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| | cn2205 |
 | | We have actively sought redress in tribal court, in CFR courts, in state courts, in federal court and now in the 10th Circuit. | | | His argument is that since they are tribal officers, we can't sue in federal court; since they are non-Indians we can't sue in Choctaw court; and since it happened on tribal land, we can't sue in state court. | | | Lumumba was fined $300 for contempt of court. |
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http://www.citizensalliance.org/links/pages/news/Testimony_Scott.html
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| | Tribal sovereignty - Wikipedia, the free encyclopedia |
| | At the dawn of the 21st Century, the powers of tribal courts across the United States varied, depending on whether the tribe was in a public law 280 state or not. | | | In the modern legal era, courts and congress have, however, further refined the often competing jurisdictions of tribal nations, states and the United States in regard to Indian law. | | | In 1956, a U.S. Court concluded no law had ever established tribal courts, but nonetheless, decades of federal funding implied that they were legitimate courts. |
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http://en.wikipedia.org/wiki/Tribal_sovereignty
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| | The Supreme Court's changing stance on tribal sovereignty |
| | Tribal sovereignty was, and continues to be, a primary issue for the Court. | | | Tribal sovereignty was further diminished by the Court in Brendale v. | | | The Court's reaffirmation of tribal sovereignty in Crow Dog was in large measure responsible for passage of the Major Crimes Act by Congress in 1885 (18 U.S.C. Under the act, seven major crimes--if committed by an Indian in Indian country--were placed within federal jurisdiction, regardless of whether the victim of the crime was an Indian. |
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http://www.abanet.org/genpractice/lawyer/complete/f95marshall.html
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| | FCNL - native american, Indians, tribal sovereignty |
| | Tribal courts are no more or less fallible than state or federal courts. | | | Instead of circumventing tribal courts and exposing tribes to endless and costly litigation, Congress and the administration should be helping tribes to increase the capacity of their court systems so that they will function more efficiently, competently, and fairly in all cases. | | | Under some proposals, civil suits could be moved from tribal courts to state or federal courts. |
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http://www.fcnl.org/issues/nat/sup/nat_bkimport.htm
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| | SOVEREIGNTY - in the Context of U.S. "Indian law" |
| | Sovereignty is classically defined as supreme legal authority. | | | Suquamish, 435 U.S. 191, to an affirmation of it as a third kind of sovereignty in the United States in United States v. | | | The Court referred to "platonic notions of Indian sovereignty" and referred to Indian sovereignty as "a backdrop" for analyzing treaties and federal statutes. |
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http://www.umass.edu/legal/derrico/sovereignty.html
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| | Sovereignty - Encyclopedia of Political Information |
| | Tribal sovereignty refers to the right of federally recognized American Indian nations or tribes to exercise limited jurisdiction within and sometimes beyond Reservation boundaries. | | | In federal systems of government, such as that of the United States, sovereignty also refers to powers the state-government has independently of the federal government. | | | Even if the origin was a compact or contract, after the "United States" were formed by a "constitutional act" there no longer existed a mere contractual relation: there existed a state to which all were subject, and which all must obey. |
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http://www.politicalinformation.net/encyclopedia/Sovereignty.htm
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| | sovereign.htm |
| | The court asserted that internal tribal matters are "those matters that were historically or culturally significant or unique to the Nation." Since the court did not have enough information on the record to apply this new test, it refused to grant the Nation's motion to dismiss. | | | First, it necessarily must be applied on a case by case basis, subjecting decisions of tribal government to state court scrutiny in virtually every case. | | | The extent of the sovereignty of the Maine tribes will depend on how the phrase "internal tribal matters" is finally decided and whether the courts are willing to recognize that the Maine tribes as Indian people continue to have all those rights not specifically ceded by them or withdrawn by the federal government. |
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http://www.ptla.org/wabanaki/sovereign.htm
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| | CILS Participates in Efforts to Protect Tribal Sovereignty |
| | In the latter case, the Court rejected tribal court jurisdiction over a tribal member’s civil rights lawsuit against state officials for an incident that occurred in the tribal member’s home on tribal trust land. | | | This tribal jurisdiction over non-Indian fee land was troubling to the Court. | | | After CILS expressed these concerns to the tribal attorneys involved in Santos, the attorneys sought the advice of the SCPWG, thus initiating the Group’s first meeting and discussion, in which CILS and dozens of Indian law advocates and scholars shared their expertise and comments. |
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http://www.calindian.org/nl_fall2002.12.htm
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| | Indian Reservations 2 |
| | Tribal ordinances that create hiring and contracting preferences not only impinge on a business owner's right to determine what is best for his business, they are also patently discriminatory. | | | Despite their presence on reservations for several generations, non-Indians are generally prohibited from any involvement at all in the tribal system(except as a party to a lawsuit in tribal court). | | | One tribal representative underscored the continuing inequity of the current situation when he testified at a recent state legislative hearing. |
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http://www.citizensalliance.org/links/pages/articles/Expose_Part_2.html
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| | Tribal Sovereignty |
| | Title to the tribal lands of the Reservation is held in trust by the United States for the benefit of the tribe. | | | The ability to deny a license-holder access to tribal lands, and thus tribal members access to cellular services, does not, however, warrant a change in FCC rules to allow TOUA the right to license outside the procedures already adopted by the Commission. | | | Tribal Sovereignty and the Federal Communications Commission's Grant of Licenses |
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http://www.lawhost.com/lawjournal/98summer/tribal.html
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| | Indian Nations Tribal Sovereignty |
| | In the criminal law context, federal courts have authority to decide habeas corpus petitions after tribal remedies are exhausted. | | | Federal recognition, before 1978, had been accorded to Indian tribes through treaty, land set aside for a tribe, by legislative means, by various forms of administrative decision within the Executive Branch of the Federal Government, or through cases brought in the courts. | | | Some of the numerous terms to describe the American Indian Nations legal relationships with United States are: guardianship, trustee, domestic dependent nations; U.S. citizen, but excluding constitutional protections, non-U.S. Citizen, and tribal citizen; state like entities, sovereign nations and poor nations, but without sovereign status. |
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http://www.americanindiansource.com/sovereignty.html
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| | Welcome to the Tribal Court Clearinghouse |
| | Tribal Criminal Law and Procedure will be an invaluable resource for legal scholars and students. | | | Richland and Deer discuss in depth the histories, structures and practices of tribal justice systems, efforts to balance tribal legal heritage and Anglo-American law, the scope of criminal and civil jurisdictions, child welfare and civil rights, traditional dispute resolution mechanisms in contemporary tribal law, models of peacemaking, and means for assuring integrity of tribal courts. | | | We are pleased to announce that both Introduction to Tribal Legal Studies and Tribal Criminal Law and Procedure textbooks are now available for purchase through AltaMira Press. |
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http://www.tribal-institute.org
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| | cn2201 |
| | Tribal sovereign immunity protects tribes from suits; any suits by anyone, Indians and non-Indians alike, in any court, even their own courts. | | | There is a fear that tribal courts will not protect the property rights of non-Indians by according them due process of law or protecting individual non-Indian civil rights. | | | Such an appellate review system would strengthen tribal court systems, enhance guarantees of fairness, and promote greater certainty for business activity." The U. Supreme Court is moving in a direction in recent decisions to limit tribal court jurisdiction. |
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http://www.citizensalliance.org/links/pages/news/Soveriegnty_Lauguage.html
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| | PEACE PARTY - Author's Forum |
| | The concept of "American Indian sovereignty" is useful to the United States because it denies indigenous power in the name of indigenous sovereignty. | | | Congress and the federal courts have some power to limit tribal jurisdiction, but case law has established that tribes reserve any rights they haven't expressly given away. | | | In other states, either tribes or the federal government have legal jurisdiction in Indian country, depending on whether the perpetrator is an Indian, whether the victim is an Indian, and the type of offense. |
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http://www.bluecorncomics.com/sovreign.htm
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| | Modrall Sperling :: Tribal Sovereignty and Lending in Indian Country |
| | Tribal courts are not courts of general jurisdiction, Nevada v. | | | Tribal corporations may be citizens of a state depending on how and where they are incorporated | | | Traditionally, non-Indians have been as suspicious of tribal courts as Indians have been of state courts |
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http://www.modrall.com/articles/article_111.html
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| | MPR: Treaty Rights and Tribal Sovereignty |
| | The single most intensifying issue for American Indians about tribal sovereignty is that policy makers are largely uneducated about it. | | | State laws do not apply in Indian Country, except in those states under Public Law 280 where there is limited criminal and civil jurisdiction. | | | Given the legal ramifications of a story like this, do you know how many lawyers you can talk to in eight years - if I had a nickel for every time I heard, "Jim we've got a great case," I'd be able to afford a car with paint on it. |
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http://news.minnesota.publicradio.org/features/199804/21_mainstreet_treatyrights-m/commentaries.html
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| | Framework of tribal sovereignty |
| | Some people believe that the more you invoke sovereignty as a defense in court cases, the more vulnerable you make it to attack. | | | These governmental powers must be acknowledged by the people who are subject to them, and they must be enforceable by some sort of authority, whether it be military, police, or general citizen control. | | | As a part of our "real estate transaction," the United States agreed that our tribal government would exercise sovereign authority within our reservation boundaries, and that we would be funded forever by the federal government. |
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http://www.airpi.org/projects/marge1.html
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| | Wampum: What's the big deal over tribal sovereignty? |
| | There are several pending cases in the federal court system which could mean the final death knell for the centuries-old federal-tribal relationship established by scores of treaties written in the blood of our ancestors. | | | Indian tribes are losing badly in the court of public opinion, and a continuation and expansion of their exploitation of the system will bring them a bitter harvest. | | | Carcieri said the troopers entered the reservation under a court-issued search warrant that he ordered be executed. |
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http://wampum.wabanaki.net/archives/000391.html
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| | Environmental Rasism, Tribal Sovereignty and Nuclear Waste - NIRS |
| | The NRC, which must issue a license in order for the dump to open, ruled in its June, 2000 Draft Environmental Impact Statement (DEIS) that the dump does not violate environmental justice, because PFS will pay the tribe so handsomely. | | | OGD’s contention before the Licensing Board challenges this NRC finding of no environmental justice (EJ) violation. | | | In addition to many other activities, OGD has filed an environmental justice contention before the Nuclear Regulatory Commission’s (NRC) Atomic Safety Licensing Board (ASLB). |
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http://www.nirs.org/factsheets/pfsejfactsheet.htm
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| | Library Research Guide for American Indian Studies |
| | Key legislation and landmark court cases are highlighted. | | | Serves many users: lawyers looking for a summary of Native American legal issues, researchers needing a refresher or a first-stop source, students and teachers interested in an overview of the field, and laypersons seeking information and insights into this uniquely American field of jurisprudence. | | | Includes all significant bibliographies (over 800), in print and online, concerning Native Americans in the United States and Canada from the earliest times through 2003. |
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http://www.library.cornell.edu/olinuris/ref/ais_guide.html
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| | Tribal Sovereignty Protection Initiative -- Summary |
| | The Tribal Sovereignty Protection Initiative ("Initiative") is a national tribal effort to improve the collective advocacy of tribes before the federal courts, to engage in public education about tribal governance, and to consider legislation to reaffirm tribal jurisdiction. | | | Tribal leaders and representatives met on several occasions throughout the year to discuss pending Supreme Court cases; the draft bill affirming the sovereignty of tribes; development of a strategy and timeline for introducing the legislation; public education and outreach; and the Federal Judiciary Project. | | | The Initiative was established by tribes to address the diminishment of tribal jurisdiction in recent Supreme Court decisions such as Nevada v. |
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http://www.legix.com/initiative.cfm
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| | Democracy Now! Bush on Native American Issues: "Tribal Sovereignty Means That. It's Sovereign" |
| | But now that you have gaming on the reservations and economic development on the reservations, and indeed in some states voting on the reservations, the state now wants to impose itself on the federally protected sovereignty of the states. | | | MARK TRAHANT: It's going to be hard for him to court too much. | | | MARK TRAHANT: Most school kids learn about government in the context of city, county, state and federal, and of course, tribal governments are not part of that at all. |
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http://www.democracynow.org/article.pl?sid=04/08/10/149259
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| | Bush's comment on tribal sovereignty creates a buzz |
| | To prospective Indian voters, sovereignty is an issue steeped in legal meaning that drives Native American stances on public policy, court cases and tribes' core "government-to-government" dealings with the United States. | | | Miers' views on abortion could shift court quickly | | | Sovereignty is "the nearest and dearest, No. 1 issue in Indian Country," said Jacqueline Johnson, executive director of the Washington, D.C.-based National Congress of American Indians. |
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http://seattlepi.nwsource.com/national/186171_bushtribes13.html
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| | 2000: Tribal Sovereignty Defined |
| | For instance, the Tribes have the power to form a government, to decide their own membership, the right to regulate property, the right to maintain law and order, the right to regulate commerce, and so on. | | | Tribal governments have the same powers as the federal and state governments to regulate their internal affairs, with some few exceptions. | | | Tribes have had the inherent right to govern themselves "from time immemorial". |
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http://www.sagchip.org/council/events/2000/082800-sovereignty-defined.htm
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| | immunity on Encyclopedia.com |
| | Tribal immunity and access for the disabled.(Case Note) | | | Towards tribal sovereignty and judicial efficiency: ordering the defenses of tribal sovereign immunity and exhaustion of tribal remedies.(Case Note) |
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http://www.encyclopedia.com/html/i1/immunity.asp
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| | Tribal Sovereignty Protection Act |
| | (9) By signing these labor agreements, California tribes were forced to cede their sovereignty and their constitutional rights to the State of California in order to save their enterprises from being shut down by the United States Department of Justice. | | | This Act may be cited as the `Tribal Sovereignty Protection Act'. | | | Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, |
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http://www.theorator.com/bills107/hr103.html
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| | ICT [2000/08/30] California's Bustamante honors tribal sovereignty |
| | The certificate enumerated historical and political features of American Indian tribal sovereignty. | | | Bustamante handed out framed certificates to various tribal officials congratulating them on gaining full tribal sovereignty and the right to sign gaming compacts. | | | In February Bustamante was host to a summit in Sacramento, the California state capital, attempting to open a dialogue between federal, state and tribal governmental entities. |
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http://www.indiancountry.com/content.cfm?id=676
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| | Indian Gaming and Tribal Sovereignty |
| | Steven Light and Kathryn Rand explain how it has become one of today’s most politically charged phenomena: at stake are a host of competing legal rights and political interests for tribal, state, and federal governments. | | | Light and Rand emphasize that tribal sovereignty is the very rationale that allows Indian gaming to exist, even though U.S. law subjects that sovereignty to strict congressional authority and compromised it even further through the Indian Gaming Regulatory Act of 1988. | | | As political pressure on tribes to concede to state interests grows, this book offers a practical approach to policy reform with specific recommendations for tribal, federal, state, and local policymakers. |
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http://www.kansaspress.ku.edu/ligind.html
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| | The Maine Coalition for Tribal Sovereignty |
| | We believe there is also a direct connection between the protection of civil and sovereign rights. | | | We believe that respecting the sovereignty of the Penobscot Nation and Passamaquoddy tribe is an inherent obligation of the government of the State of Maine. | | | We are a group of primarily non-tribal people who have organized to encourage and promote the establishment of government to government relationships between the State of Maine, and the Penobscot Nation and Passamaquoddy Tribe. |
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http://www.penobscotnation.org/coalition.htm
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| | Modern Tribal Sovereignty |
| | Wilkinson has written broadly on law, history, and society in the American West and on American Indians. | | | The Harvard University Native American Program invites all KSG faculty, students and staff to attend a luncheon, lecture, and discussion with one of nation's leading scholars on tribal sovereignty, Charles Wilkinson. |
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http://ksgnotes1.harvard.edu/ksginfo/enews.nsf/details/189FBFB8D75B08C785256FC40067E569
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| | Moviefone: Treaty Rights and Tribal Sovereignty Movie |
| | Matching Sites From AOL Search: Treaty Rights and Trib... | | | (xiv) American law and Indian culture and the family; and (xv) recent court decisions relative to treaty rights and tribal sovereignty. | | | Access the article, 'Treaty Rights and Tribal Sovereignty' from Video Librarian, a publication in the field of Reference and Education, through LookSmart's... |
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http://movies.aol.com/movie/main.adp?mid=1184944
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| | Tribal sovereignty touted - billingsgazette.com |
| | Susan Masten, president of the National Congress of American Indians, said tribal governments have been hurt as the federal government has transferred more authority to states because the tribes aren’t always given the same powers as state governments. | | | She added that the roles of the federal, state and tribal governments must be clearly defined in a way that preserves tribal self-government. | | | Masten outlined her group’s proposal to treat tribal governments the same as state governments when dealing with programs and services that go to reservations. |
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http://www.billingsgazette.com/index.php?display=rednews/2001/07/21/build/local/tribal.inc
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| | ACLU NEWS - Tribal Sovereignty: Unplugged |
| | To them, sovereignty was as simple as freeing a wrongly-accused loved one, Bear Lincoln, from jail and as far-reaching as demanding justice from a biased, callous law enforcement and judicial system. | | | In the dictionary, the word is defined as "supreme and independent power or authority in government as possessed or claimed by a state or community." This explanation, however, does not incorporate the lessons that our journey, Tribal Sov-ereignty: Unplugged, taught us. | | | "Tribal Sovereignty: Unplugged," sponsored by the ACLU-NC Howard A. Friedman First Amendment Education Project, was organized by Project Director Nancy Otto and the ACLU-NC Student Advisory Committee. |
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http://www.aclunc.org/aclunews/news598/tribal-unplugged.html
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| | Guardian Unlimited Special reports Red Lake shootings: fatal shortcomings of tribal sovereignty |
| | "There has been really very substantial animosities on that reservation for a long time between various families and groups," said Paul Magnusson, a US district judge who once ordered the release of two residents who had been denied lawyers and bail before a tribal judge jailed them. | | | But her 14-year-old granddaughter, Aleisha Pemberton, interjected: "The schools should have more metal detectors, because of the school shootings." | | | In August 2001, two years after the Columbine school shooting, a reporter from the St Paul Pioneer went to Red Lake American Indian reservation to ask people what were their most pressing issues. |
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http://www.guardian.co.uk/usguns/Story/0,2763,1444631,00.html
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| | DDN Communities: Access |
| | The Commission, under 214(e)(6), is required to conduct a designation proceeding in instances where the relevant state commission lacks the authority to perform the designation. | | | A collaboration between Tribal Nations, federal government agencies, universities, academic organizations and private corporations has begun to answer this question. | | | The FCC issued a policy statement affirming the agency's formal recognition of tribal sovereignty. |
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http://www.digitaldivide.net/community/access
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| | Native American Times - America's Largest Independent, Native American News Source |
| | Because we are not tribally or government funded your support is necessary to continue this service. | | | Your on-line subscription will help support the Native Times and it's ability to continue to bring you accurate, fair reporting on issue in Indian Country. | | | News provided on Nativetimes.com is produced by the reporters and stringwriters of the newspaper, the Native American Times, based in Tulsa, Oklahoma. |
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http://www.nativetimes.com/index.asp?action=displayarticle&article_id=4881
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| | Tribal Sovereignty |
| | Givens approaches all tribal litigation so as to maximize tribal sovereignty. He has litigated cases involving issues of tribal sovereignty in many contexts, including lake/water ownership, pollution cleanup, Indian gaming and taxation. | | | Hammond, 2002 WL 31115066 (2002 D. Idaho) (Won - upheld Tribe& sovereign right to be free of state taxation of fuel sold at tribal gas stations) (associated argued). | | | Protection of tribal sovereignty is the centerpiece of all of Mr. |
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http://givenslaw.lawoffice.com/CM/AreasofPractice/AreasofPractice13.asp
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| | Native and Tribal in TutorGig Discussion Groups |
| | I do wonder what those tribal folk were smoking, though. | | | On Tue, 20 Sep 2005 21:38:22 -0500, COL. RSJ wrote: If this whigger wants to bongo wid de homies, he should try going tribal with some US street gang, note the similar... | | | Tony Cooper spake thusly: Ah, well, of course in the 70s by the time I was travelling the country at the end of each summer, I had spent three months wearing little but swimming trunks. |
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http://groups.tutorgig.com/s/Native+and+Tribal
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| | A Tale of Two Candidates - Newsweek Campaign 2004 - MSNBC.com |
| | From the moment Bush took the stage of the Washington Convention Center on Friday morning, it was clear he would rather have been somewhere else. | | | “I mean, you’re a—you’re a—you’ve been given sovereignty and you’re viewed as a sovereign entity.” As Bush rambled, looking like a schoolboy unprepared at the front of the class, many of the hundreds of Asian, black, Native American and Hispanic journalists gathered before him…well, snickered. |
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http://msnbc.msn.com/id/5633644/site/newsweek
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| | The Spokesman-Review.com - Tribal sovereignty |
| | Critics say the tribes -- wielding casino profits and political clout -- have become "undemocratic, unfair and dictatorial." Race is not the issue, they say. | | | A four-part series of reports on tribal sovereignty, and the challenges to it, begins Christmas Day in The Spokesman-Review. |
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http://www.spokesmanreview.com/library/sovereign/cover.asp
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| | The gift of "Sovereignty" |
| | Listen to journalists break out in laughter as Bush tries to explain what "sovereignty" is. |
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http://www.antiwar.com/blog/comments.php?id=P1227_0_1_0
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| | Bore Me - Bush on tribal sovereignty - |
| | Yup, this man really does run a country. | | | Bore Me - Bush on tribal sovereignty - |
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http://www.boreme.com/bm/SEP04/a/m-bush-sovereignty/fr_top10_2004.htm
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| | Bush BS's About Tribal Sovereignty |
| | Videos: Hilarious Videos Page 3: Bush BS's About Tribal Sovereignty | | | Info:Bush gets asked about something he doesn't know and tries to BS. | | | If video does not play, click here to Download. |
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http://www.ebaumsworld.com/bush-bs.html
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