"Peoples Distinct from Others": The Making of Modem Indian Law

Wilkinson, Charles

Journal: Utah Law Review

Volume: 2006

Year: 2006

Bluebook Citation: 2006 UTAH L. REV. (2006)

Author: Charles F. Wilkinson: all 32 publications


Abstract

The story of how tribes have taken back their reservations, and through sovereign self-rule restored democracy and improved the lives of their people, is surprising, both in the means and the magnitude, and it cuts against preconceptions and stereotypes. Overwhelmingly, the central thrust has been the work of Indian people. People in the agencies, courts, and Congress were not sitting around wondering how they could benefit Indians. The tribes themselves initiated litigation or invited it by assertions of tribal sovereignty and jurisdiction and hunting, fishing, water, land and cultural rights.

They themselves brought forth the legislative proposals. They constructed the legal framework in Indian country.

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