Angelique EagleWoman has published “Jurisprudence and Recommendations for Tribal Court Authority Due to Imposition of U.S. Limitations” in the William Mitchell Law Review.
Angelique EagleWoman has posted “Balancing between Two Worlds: A Dakota Woman’s Reflections on Being a Law Professor,” forthcoming in the Berkeley Journal of Gender, Law & Justice, on SSRN.
Here is the abstract:
There were many paths I considered as a young woman and none of them included becoming a law professor. My journey to my present life as a Dakota woman law professor is about balancing between the worlds I travel back and forth in. There is my tribal world , where I feel replenished and part of an on-going community experience stretching back to time immemorial. I feel that I am part of an unfolding history of endurance, strong Native women, and a participant in sustaining our traditional Native ways. On the other hand, there is the non-Indian world, where I often feel that I am a long-term visitor balancing in a foreign political and historical system, serving as a translator from the tribal traditional and historical world . As a law professor, I also serve as a translator between both the U.S. legal world and the tribal world of values embodied in tribal laws and norms.
In this article, I will discuss how I have balanced between these two worlds and found my way as a Dakota woman and law professor. The first sections of the article will describe my educational experiences, my sense of responsibility to my people, and my entry into the legal academy. In describing my experiences, it should be very apparent that I did not follow the usual trodden path to joining the legal academy. Rather, as a typical Dakota woman, I questioned academia as stemming from western civilization, struggled to assert my viewpoint as a tribal person, and dealt with real life experiences along the way. In the second section of the article, I offer my personal insights to my colleagues and those interested in joining the legal academy. This section reflects on the voices that resonated with me from the masterful and courageous work, Presumed Incompetent: The Intersections of Race and Class for Women in Academia. The final section concludes with my sense of commitment to continue balancing between two worlds to offer an example to the future generations of tribal peoples seeking legal educations and the fulfillment this brings.
Congrats to Stacy and Angelique!
Here’s my copy:
Mastering American Indian Law is a text designed to provide readers with an overview of the field. By framing the important eras of U.S. Indian policy in the Introductory Chapter, the text flows through historical up to contemporary developments in American Indian Law. This book will serve as a useful supplement to classroom instruction covering tribal law, federal Indian law and tribal-state relations. In ten chapters, the book has full discussions of a wide range of topics, such as: Chapter 2 – American Indian Property Law; Chapter 3 – Criminal Jurisdiction in Indian Country; Chapter 4 – Tribal Government, Civil Jurisdiction and Regulation; Chapter 8 – Tribal-State Relations; and Chapter 9 – Sacred Sites and Cultural Property Protection. Throughout the text, explanations of the relevant interaction between tribal governments, the federal government and state governments are included in the various subject areas. In Chapter 10 – International Indigenous Issues and Tribal Nations, the significant evolution of collective rights in international documents is focused upon as these documents may be relevant for tribal governments in relations with the United States. For Indian law courses, law school seminars on topics in American Indian Law, undergraduate and graduate level American Indian Studies classes, and those interested in the field, this book will provide an easy-to-read text meant to guide the reader through the historical to the contemporary on the major aspects of American Indian law and policy.
The Eagle and the Condor of the Western Hemisphere: Application of International Indigenous Principles to Halt the United States Border Wall
Idaho Law Review, Vol. 45, No. 3, pp. 1-18, 2009
University of Idaho – College of Law
Tribal Nation Economics: Rebuilding Commercial Prosperity in Spite of U.S. Trade Restraints – Recommendations for Economic Revitalization in Indian Country
Tulsa Law Review, Vol. 44, No. 1, pp. 383-426, 2009
Here is the podcast for the Indian Nations and Indigenous Peoples panel on the UN declaration at AALS.
Coulter Robert T. – Speaker
Angelique Eaglewoman – Speaker
G.W. Rice – Speaker
Wenona Singel – Moderator
Angelique Eagelwoman (soon to be at Idaho Law) has posted “The Philosophy of Colonization Underlying Taxation Imposed Upon Tribal Nations within the United States” on SSRN. Here is the abstract:
Tribal Nations are inherently sovereign by internal definition as well as by classic European political science theory. Voluntary wealth distribution was the basis for the functioning of tribal government rather than externally imposed demands for pro rata shares of individual tribal member income. Through treaty-making with Tribal Nations, the United States expanded and asserted its ability to govern the influx of European immigrants and captive Africans by recognizing tribal territorial boundaries and seeking peaceful relations. Within the United States Constitution, Tribal Nations are mentioned in terms of not being taxed and as engaged with Congress in terms of commerce. Despite this history, U.S. relations shifted on one of military dominance over Tribal Nations skewing the sovereign-to-sovereign relationship set forth in treaty agreements.
Angelique Eaglewoman/Wambdi A. Wastewin of Hamline law has posted “Tribal Values of Taxation within the Tribalist Economic Theory” on SSRN. The paper is forthcoming from the Indigenous Nations Journal (KU).
From the Abstract:
Tribal governments in mid-North America exercise inherent sovereignty by imposing taxes within tribal territories. The recent history of commerce and commercial relationships is explored in this article along with the underlying cultural values that have guided economic relations. Taxation as a natural embodiment of tribal values of sharing and generosity fit within this tribalist economic theory. As Tribal Nations interacted with the newly formed settler government in this area, the United States, this new government sought to colonize tribal peoples, tribal resources, lands, and institutions. This colonial mentality continues to operate against Tribal Nations impeding and interfering with tribal resource management, resource utilization, taxation and the realization of prosperity. Recent developments in international indigenous human rights law support the assertion of full tribal sovereignty in the tribal territorial to the exclusion of the United States, including in the area of taxation. With this support in international law, Tribal Nations are able to continue to exercise economic development in harmony with the tribal values exemplified in the tribalist economic theory.