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ItemCreating valuable indigenous learning environments(Taylor & Francis, 2018-03-09)Indigenous governments are growing in size and strength. As a result, indigenous issues are becoming more frequently and prominently in the public administration landscape. Whether it is natural resource management, culturally appropriate foster home placements, or eradicating known drug trafficking routes that cross tribal jurisdictions, there are a multitude of ways that federal, state, and local public managers may encounter indigenous issues. Incorporating indigenous learning environments into public administration programs will not only serve to further the needs of indigenous students, but will also strengthen public administration programs as a whole. Our method for creating a learning environment that embraces indigenous students is to incorporate indigenous issues into the core curriculum, include indigenous ways of knowing into the program, provide for indigenous focused student assessment, and ensure cultural appropriateness. This four-pronged approach will ensure that an indigenous valued learning environment is part of any public administration program.
ItemThe struggle to achieve internal legitimacy for tribal nations(Taylor & Francis, 2018-03-06)Tribal nations have entered an era of nation building or the process by which a native nation enhances its foundational capacity for effective self-governance and self-determination. While many tribal nations have become more economically secure in recent years, legitimacy has remained elusive for some. Successful tribal nations, alongside struggling nations, often endure setbacks as citizens question and critique all actions of the tribal government. Focusing on developing legitimacy-building institutions will assist tribal nations not only gain validity in the eyes of their citizens, but also reconnect with the values of their community. This article suggests that tribal nations should re-evaluate their governing institutions to seek ways to insert culturally relevant legitimacy building institutions, provides several best practices, and articulates ways in which the discipline of public affairs can help facilitate native nation building.
ItemFederal Recognition(University of Arizona, 2017)Indian tribes that are federally recognized and listed on the official list published by the Department of the Interior have retained and acknowledged sovereign status. Consequently they enjoy a government-to-government relationship with the United States. In addition, the tribes qualify for funding and services from the Bureau of Indian Affairs,; funding which can be channeled into programs for the benefit of tribal members. Federal recognition exempts a tribe from state and local jurisdiction and laws including laws relating to taxation and gambling, and it sustains the trust relationship between the federal government and the tribes which allows lands to be held in trust for tribes by the US.
ItemState vs. Tribe: Implementation of the Indian Child Welfare Act in Arizona (MA)(University of Arizona, 2006-05)The Indian Child Welfare Act (ICWA) was enacted in response to the removal of Indian children from their homes at exorbitant rates by state social services. Many state actors, including state courts, resist the ICWA because they feel the best interests of the child is lost when the Act is followed. This paper analyzes how Arizona's state courts are implementing the ICWA by comparing early appellate cases with current cases. What is lost in most ICWA research is what tribes are doing to implement child welfare on reservations. Thus, this paper also incorporates an analysis on tribal court decisions, tribal child welfare codes, and tribal family preservation programs. When possible interviews of tribal officials were conducted to supplement written material available on tribes. With an understanding of the tribal perspective on the ICWA and child welfare, in general, we will gain a more accurate picture of the ICWA implementation statewide.
ItemCreating Learning Environments for Native Hawaiian and other Indigenous Students( 2017-02-11)
As indigenous governing entities expand their political and administrative reach, more indigenous students will be seeking out degrees in public administration. While many indigenous students opt to stay close to their home many still expect to travel to attend college (Thomas, et al., 2012). Public administration programs should recognize the trend in indigenous governance growth and adjust their curriculum to include this developing sector. When we start with indigenous students’ values and incorporate their values into the curriculum, assessment, and environment we see students thrive.
Creating valuable learning environments for indigenous students is not a zero sum proposition. Rather, such an environment can prepare both indigenous and non-indigenous students to effectively understand and respect issues related to indigenous people. The overarching result will be the development of students who will be better prepared to create strong and inclusive policies when dealing with indigenous issues.
ItemShifting Foundation: The Problem with Inconsistent Implementation of Federal Recognition Regulations(New York University, 2013)
The establishment of federal recognition is the cornerstone of federal Indian law. All rights, including criminal jurisdiction, tax status, gaming rights, and hunting and fishing rights, stem from this initial acknowledgment. Yet prior law review articles have focused only on the overarching process of federal recognition without closely examining the actual administrative findings of the Department of the Interior.
This article will provide an in-depth examination of the regulations governing whether an Indian entity is entitled to the benefits of a government-to-government relationship with the United States. Specifically, this article examines the regulatory process for filing a federal recognition petition and critiques four of the criteria that petitioning Indian entities consistently fail to meet. By reviewing Department of the Interior decisions, this article demonstrates the inconsistencies in regulatory interpretations and guidance documents as well as the inherent biases in the current regulatory framework. Finally, the article discusses potential solutions to these problems and identifies the first step necessary in order to fully understand the depth of this regulatory issue.
ItemWhen a Tribal Entity Becomes a Nation: The Role of Politics in the Shifting Federal Recognition Regulations(University of Oklahoma College of Law, 2014)Before a tribal entity can exercise the privileges and immunities of external sovereign status, they must first be recognized by the United States. For a variety of reasons, some legitimate tribal entities remain unrecognized today. The Department of the Interior has created a federal acknowledgment process under 25 C.F.R. Part 83, providing a procedure for a petitioning Indian entity to establish federal recognition. Reaching beyond a discussion of the overarching federal acknowledgment process this paper delves into the application of politics on the Department of the Interior's administrative actions. This article explores how each presidential administration has both shaped and bent the federal recognition regulations to fulfill its political priorities. By merging a quantitative analysis of each administration's federal recognition record and the political realities that each administration faced, this study provides a rare inquiry into the political nature of the recognition process. First, this article examines the regulatory history of federal recognition, including a detailed discussion of various versions of the regulation and accompanying guidance published by the Department of the Interior (DOI). Then the article provides an overview of how politics play into the regulatory process and the implementation of regulation. Finally, the article revisits each administration's actions related to federal recognition, and considers how each administration has utilized these regulations to serve its own political priorities.
ItemKeepin’ it in the Family: The Legal and Social Evolution of the Indian Child Welfare Act in State and Tribal Jurisprudence in Indian Child Welfare Act(Michigan State University Press, 2009)