
New Book by Ezra Rosser on Navajo Nation Land and Economic Development


Tribes, Land, and the Environment
Edited by Sarah Krakoff and Ezra Rosser
Series: Law, Property and Society
ISBN: 978-1-4094-2062-0
Published May 2012
This book brings together diverse essays by leading Indian law scholars across the disciplines of indigenous and environmental law. The chapters reveal the difficulties encountered by Native American tribes in attempts to establish their own environmental standards within federal Indian law and environmental law structures. Gleaning new insights from a focus on tribal land and property law, the collection studies the practice of tribal sovereignty as experienced by Indians and non-Indians, with an emphasis on the development and regulatory challenges these tribes face in the wake of climate change.
Ezra Rosser (American U.) has posted “Protecting Non-Indians from Harm: The Property Consequences of Indians“, forthcoming from the Oregon Law Review, on SSRN. Here is the abstract:
This article is an exploration of the assumption, last made by the U.S. Supreme Court in City of Sherrill v. Oneida Indian Nation of New York, that non-Indian property owners are harmed by Indian acquisition and control of land. Accepting for the moment the Court’s prioritization of a non-Indian perspective, the article explores (a) what lies behind non-Indian resistance to Indian land ownership, and (b) whether in fact non-Indians are harmed by proximity to Indian land. The article combines in its analysis core property law concepts with an empirical examination of the changes over time in assessed land value of properties located near Indian land.
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