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9 - Sovereignty and Property

from Part III - Property

Published online by Cambridge University Press:  11 December 2019

By
Joseph William Singer
Edited by
Grant Christensen  and
Melissa L. Tatum
Grant Christensen
Affiliation:
University of North Dakota
Melissa L. Tatum
Affiliation:
University of Arizona
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Summary

Sovereignty and Property: uses the US Supreme Court’s 1989 decision in the case of Brendale v. Confederated Tribes as a vehicle for exploring ways in which the United States government, and the United States Supreme Court in particular, has treated Indian property differently than it treats property owned by non-Indians. In Brendale the Court concluded that tribes possessed the ability to zone only those parts of the reservation which retained their ‘Indian character.’ Singer demonstrates that the Court’s inconsistent treatment of tribal governments - sometimes treating them like sovereign governments and sometimes like private property owners – is driven by a particularly Western European philosophical conception of property.

Keywords

zoningpropertyjurisdictionMontanaBrendale
Type
Chapter
Information
Reading American Indian Law
Foundational Principles
 , pp. 215 - 237
Publisher: Cambridge University Press
Print publication year: 2019

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References

Further Reading

• Ball, Milner S., Constitution, Court, Indian Tribes, 1987 Am. Bar. Foundation. Res. J. 1 (1987).CrossRefGoogle Scholar
• Cross, Raymond, Sovereign Bargains, Indian Takings, and the Preservation of Indian Country in the Twenty-First Century, 40 Ariz. L. Rev. 425 (1998).Google Scholar
• Koehn, Melissa L., The New American Caste System: The Supreme Court and Discrimination between Civil Rights Plaintiffs, 32 Mich. J.L. Reform 49 (1998).Google Scholar
• Newton, Nell, Compensation, Reparations, & Restitution: Indian Property Claims in the United States, 28 Ga. L. Rev. 453 (1994).Google Scholar
• Pascualucci, Jo, International Indigenous Land Rights: A Critique of the Jurisprudence of the Inter-American Court of Human Rights in Light of the United Nations Declaration on the Rights of Indigenous Peoples, 27 Wis. Int’l L.J. 51 (2009).Google Scholar
• Pommersheim, Frank, Broken Landscape: Indians, Indian Tribes, and the Constitution (Oxford University Press 2009).Google Scholar
• Robertson, Lindsay G., Conquest by Law: How the Discovery of America Dispossessed Indigenous Peoples of Their Lands (Oxford University Press 2007).CrossRefGoogle Scholar
• Singel, Wenona & Fletcher, Matthew, Power, Authority, and Tribal Property, 41 Tulsa L. Rev. 21 (2005).Google Scholar
• Tsosie, Rebecca, Land, Culture, and Community: Reflections on Native Sovereignty and Property in America, 34 Ind. L. Rev. 1291 (2001).Google Scholar
• Wilkins, David E., Hollow Justice: A History of Indigenous Claims in the United States (Yale University Press 2013).CrossRefGoogle Scholar
• Wood, Mary, Indian Land and the Promise of Native Sovereignty: The Trust Doctrine Revisited, 1994 Utah L. Rev. 1471 (1994).Google Scholar

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