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Academic literature on the topic 'Indians Federal Governance'

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Published: 18 May 2024

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Journal articles on the topic "Indians Federal Governance"

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Tani, Karen M. "States' Rights, Welfare Rights, and the “Indian Problem”: Negotiating Citizenship and Sovereignty, 1935–1954." Law and History Review 33, no. 1 (December 10, 2014): 1–40. http://dx.doi.org/10.1017/s073824801400056x.

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“What distinguishes the American Indians from other native groups is . . . the nature of their relationship with a government which, while protecting their welfare and their rights, is committed to the principles of tribal self-government and the legal equality of races.”Felix S. Cohen, Chairman, Board of Appeals, United States Department of Interior (1942)“[T]he objective of Congress is to make the Indians self-supporting and into good individual American citizens . . . . You cannot have a good American citizen . . . unless you have a good citizen of the State.”United States Representative Antonio M. Fernández (D., New Mexico) (1949)“While all this red tape is being untangled, one in need dies without assistance.”David A. Johnson, Sr., Governor and Chairman of the Gila River Pima-Maricopa Indian Community (1949)These three quotations come from a period in modern American history often remembered for economic depression and war, but perhaps most remarkable for the accompanying changes in governance. Building on Progressive Era innovations, America's federal system became ever more “cooperative”— that is, marked by intricate federal-state personnel and revenue sharing. Meanwhile, Americans witnessed the steady expansion of central state authority. By the 1940s, neither the states nor the federal government enjoyed many areas of exclusive jurisdiction. The federal and state governments' relationships with their subjects were similarly in flux, and the stakes were high. As a result of New Deal social welfare programs, as well as numerous war-related measures, the benefits of state and national citizenship had expanded by the late 1940s. The burdens of citizenship had expanded, too, in the form of higher and broader taxation, compulsory military service, and more government oversight. The stage was set for fierce conflicts over the borders of the nation's political communities and the terms of belonging.
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Unger, Carlann, Benjamin Simon, and Malka Pattison. "American Indian and Alaska Native Data in Federal Data Collections." American Indian Culture and Research Journal 42, no. 1 (January 1, 2018): 1–16. http://dx.doi.org/10.17953/aicrj.42.1.unger.

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American Indian and Alaska Native (AI/AN) tribes need access to quality data and information to make informed decisions concerning their communities, economic development, land and resource management, and other sovereign governance decisions. Federal agencies also need access to quality data to ensure that they are delivering effective services to AI/AN tribes to meet tribal needs and deliver on federal responsibilities. However, various statistical and collection issues often negatively affect the quality and availability of federally collected AI/AN data. As a preliminary step to identifying gaps and improving the quality and accuracy of AI/AN data in federal datasets, this article provides an inventory and preliminary analysis of current AI/AN in federal data collections. This inventory identifies 448 unique data collections from twenty-one federal agencies. These datasets were identified in 2016. One hundred and ninety-four (43.3%) of these datasets are publicly available, and seventy-nine of the publicly available datasets include data at the tribal or reservation level. An analysis of tribal/reservation level datasets by agency show that there are data gaps at the reservation/tribal level on businesses, the financial sector, tribal governments, labor markets, and education.
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Jakhar, Dr Monika. "UNVEILING THE ROLE OF CULTURAL DIVERSITY IN INDIAN MODERN POLITICS." Turkish Journal of Computer and Mathematics Education (TURCOMAT) 11, no. 1 (April 30, 2020): 1074–79. http://dx.doi.org/10.61841/turcomat.v11i1.14343.

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This study encompasses the full analysis of the widespread importance of cultural diversity in Indian contemporary politics. The intricate interplay between India's rich tapestry of cultures and its democratic political landscape is analyzed, highlighting the profound influence of diverse ethnicities, religions, and customs. From historical foundations to modern dynamics, the abstract digs into how cultural variety impacts policies, governance systems, and the democratic spirit itself. The representation of various groups in decision-making processes, the ideological landscape of political parties, and the federal structure of the political system are considered as major features of this effect. The abstract also touches upon the challenges and opportunities posed by cultural diversity, acknowledging its role in social movements and political activism. Ultimately, it underscores how India's commitment to democracy is inseparable from its celebration and recognition of cultural differences, emphasizing that the integration of diversity into the political discourse is a source of strength that defines the nation in the 21st century.
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Shoemaker, Jessica. "Complexity's Shadow: American Indian Property, Sovereignty, and the Future." Michigan Law Review, no. 115.4 (2017): 487. http://dx.doi.org/10.36644/mlr.115.4.complexity.

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This Article offers a new perspective on the challenges of the modern American Indian land tenure system. While some property theorists have renewed focus on isolated aspects of Indian land tenure, including the historic inequities of colonial takings of Indian lands, this Article argues that the complexity of today’s federally imposed reservation property system does much of the same colonizing work that historic Indian land policies—from allotment to removal to termination—did overtly. But now, these inequities are largely overshadowed by the daunting complexity of the whole land tenure structure. This Article introduces a new taxonomy of complexity in American Indian land tenure and explores in particular how the recent trend of hypercategorizing property and sovereignty interests into ever-more granular and interacting jurisdictional variables has exacerbated development and self-governance challenges in Indian country. This structural complexity serves no adequate purpose for Indian landowners or Indian nations and, instead, creates perverse incentives to grow the federal oversight role. Complexity begets complexity, and this has created a self-perpetuating and inefficient cycle of federal control. Stepping back and reviewing Indian land tenure in its entirety—as a whole complex, dynamic, and ultimately adaptable system—allows the introduction of new, and potentially fruitful, management techniques borrowed from social and ecological sciences. Top-down Indian land reforms have consistently intensified complexity’s costs. This Article explores how emphasizing grassroots experimentation and local flexibility instead can create critical space for more radical, reservation-by-reservation transformations of local property systems into the future.
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Frye, Dustin, and Dominic P. Parker. "Indigenous Self-Governance and Development on American Indian Reservations." AEA Papers and Proceedings 111 (May 1, 2021): 233–37. http://dx.doi.org/10.1257/pandp.20211099.

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The UN Declaration on the Rights of Indigenous People promotes self-governance as a matter of justice rather than economics. How will self-governance affect the incomes of indigenous people? To gain insight, we compare long-run income growth on American Indian reservations with and without federal oversight through the 1934 Indian Reorganization Act. Reservations with more autonomy had 12-15 percent higher income per capita in 2016, even conditional on 1930s income. However, these more autonomous reservations also experienced wider income variance with more downside risk. The findings are consistent with theory emphasizing the development trade-offs between local and centralized governance.
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Warne, Donald. "Policy Issues in American Indian Health Governance." Journal of Law, Medicine & Ethics 39, S1 (2011): 42–45. http://dx.doi.org/10.1111/j.1748-720x.2011.00564.x.

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Perhaps the most significant law affecting the provision of health services to the American Indian and Alaska Native (AI/AN) population is the Indian Self-Determination and Education Assistance Act of 1975 (ISDEAA, PL 93-638). This Act allows tribes to assume the management and control of health care programs from Indian Health Service (IHS) and to increase flexibility in health care program development. Under ISDEAA, tribes have the option to contract or compact with IHS to deliver health services using pre-existing IHS resources (formula-based shares tables determine funding for various IHS sites), third party reimbursements, grants, and other sources. Typically, tribes develop their own non-profit health care corporations to provide services to their community, and as a result are eligible for grants and other types of funding not available to federal agencies like IHS.
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Sullivan, Kathleen S. "Marriage and Federal Police Power." Studies in American Political Development 20, no. 1 (April 2006): 45–56. http://dx.doi.org/10.1017/s0898588x06000046.

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In the late nineteenth and early twentieth centuries, the U.S. federal government expanded the scope and extent of its constitutionally enumerated powers in naturalization, Indian policies, and regulation of interstate commerce. In doing so, Congress became more involved with matters of citizenship, both in defining public purposes and national identity. Citizenship had traditionally been a matter for the states, where governance rested on the features of differentiation, jurisdictional autonomy, and local control. The entry of the federal government and the federal constitutional norms of citizenship might have been expected to bring an overarching coherence to the fundamental liberal values that were declared after the Civil War. Under expanded federal power and federal citizenship, however, multiple traditions of both liberal rights of citizenship and illiberal conditions of status continued, and illiberal positions gained new footing.
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Barresi, Paul A. "The Polluter Pays Principle as an Instrument of Municipal and Global Environmental Governance in Climate Change Mitigation Law: Lessons from China, India, and the United States." Climate Law 10, no. 1 (March 19, 2020): 50–93. http://dx.doi.org/10.1163/18786561-01001003.

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The disparate fates of the polluter pays principle (ppp) as an instrument of municipal environmental governance in the environmental law of China, India, and the United States illustrate how institutions and culture can shape its use. In China, essential elements of the Chinese legal tradition and an institutionalized devolution of power from the central government to local governments essentially neutralized the Chinese variant of the ppp in one important context by mobilizing certain culturally defined behavioural norms at the local level. In India, the Supreme Court has behaved in accordance with the socially revolutionary role intended for it by the framers of India’s Constitution by recognizing a maximalist conception of the ppp as part of Indian law, although other features of India’s unique legal culture and institutions have reduced the impact of this development. In the United States, the institutionalized fragmentation of the law-making process within the Federal Government has undermined even the implicit implementation of the ppp, to which US environmental statutes do not refer. The implications of these developments for the ppp as an instrument of municipal but also global environmental governance in climate change mitigation law flow less from the nominal status of the ppp in the laws of China, India, and the United States than from the unique institutional and cultural conditions that prevail there. The result is a case study in how institutions and culture can transform the implementation of a principle of environmental governance that at first glance might seem to be a simple exercise in economic rationality into a different exercise that is not simple at all.
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Pethe, Abhay, Vaidehi Tandel, and Sahil Gandhi. "Understanding Issues Related to Polycentric Governance in the Mumbai Metropolitan Region." Public Finance and Management 12, no. 3 (September 2012): 182–203. http://dx.doi.org/10.1177/152397211201200302.

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Metropolitan government in India involves public organizations, networked vertically and horizontally, operating at different scales and having diverse – often overlapping – functional scopes. The interactions among these public organizations and their agents along with various private organizations, interest groups and civil society occurring within the environment of a federal set-up and fractured polity, lend a polycentric character to metropolitan governance. This paper investigates implications of the underlying institutions for the governance of metropolitan regions in India. For this, the paper analyzes polycentric governance in Mumbai Metropolitan Region (MMR) through three cases that portray interactions among various public organizations and actors. The paper finds that the governance in MMR is only ‘ostensibly’ polycentric. This can be attributed to the institutional framework that causes destructive conflicts, absence of efficiency enhancing competition, rent seeking, political information failure, concentration of power with certain key positions, and agency problems. Enabling governance in Indian metropolitan regions to be ‘truly’ polycentric in nature would therefore require a careful deliberation and modification of the institutional framework.
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Datta, Debabrata, and Santanu K. Ganguli. "Political connection and firm value: an Indian perspective." South Asian Journal of Global Business Research 3, no. 2 (July 29, 2014): 170–89. http://dx.doi.org/10.1108/sajgbr-03-2013-0020.

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Purpose – The purpose of this paper is to verify existence of political connection of firms in India. For this purpose the paper first presents a theoretical model and then tests empirically the movement of stock prices during two state elections in India. Design/methodology/approach – The methodology is theoretical modelling where the paper applies the standard Cournot model of oligopoly. The paper then applies correlation and Wilcoxon Paired Rank Sum test to verify the results of the theoretical model by using data from the Indian stock market during the election results. Findings – The theoretical result states that some firms opt for political connection and some remain independent in an oligopoly. It also shows that political connection affects stock price. The empirical results find out that divergent responses of stock prices to the election results can be linked to politically connection. Research limitations/implications – The theoretical model is a simple two firm model and not generalized to n number of firms. The empirical test considers only two state elections and applies simple statistical test. The study is restricted to one country only. Practical implications – The paper has practical implications for stock market. It has implications for corporate governance and for political governance. This is important since political connection of firms has emerged as an important issue in India. Social implications – The paper is important as it addresses the issue of political connection of firms, which have ramifications for social equilibrium. In a democratic country like India any nexus between political party and firms may adversely affect not only corporate governance but also political governance. Originality/value – This paper looks at political connectedness theoretically in a federal structure, an issue not addressed so far in the literature. Second it considers not so discussed topic of market perception of political connection in India. The originality of the paper is that it presents a theory and also verifies the theoretical results with empirical test.
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Dissertations / Theses on the topic "Indians Federal Governance"

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Begum, Tabesum. "Theory and Practice of Constitutionalism and Constitutional Dynamics: A Study in the Context of Indians Federal Governance Since 1967." Thesis, University of North Bengal, 2014. http://hdl.handle.net/123456789/2151.

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LaRoque, Kent A. "The 1934 Indian Reorganization Act and Indigenous Governance: A Comparison of Governance of Santa Clara Pueblo and the Turtle Mountain Band of Chippewa Nations — 1991 – 2000." Thesis, Virginia Tech, 2004. http://hdl.handle.net/10919/33849.

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Native American communities are continually impacted by Federal Indian policy. Over one-half of all Native American nations function politically under the provisions of the 1934 Indian Reorganization Act (IRA). There are claims that many of these Native American communities experience intra-tribal conflict due to the lack of congruence between the tribal governments formed under the IRA and cultural traditions of governance. This claim was investigated via a comparative trend analysis of the Santa Clara Pueblo, operating politically under the IRA provisions, and the Turtle Mountain Band of Chippewa, operating under a constitutional form of governance outside of IRA provisions. After an historical analysis, an evaluation of tribal constitutions, and an examination of news media coverage for the period of 1991 – 2000, the project concluded that the legacies of the IRA are not the primary causal agent of intra-tribal conflict.
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Banerjee, Swati. "Regional movements and federal governance in India : study of their impact on the Indian political process since 1977." Thesis, University of North Bengal, 2020. http://ir.nbu.ac.in/handle/123456789/4239.

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Books on the topic "Indians Federal Governance"

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Papillon, Martin. Fédéralisme et gouvernance autochtone: Federalism and aboriginal governance. Québec]: Presses de l'Université Laval, 2013.

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Peach, Ian. Constructing tomorrow's federalism: New perspectives on Canadian governance. Winnipeg: University of Manitoba Press, 2007.

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Intra-tribal leadership disputes and tribal governance: Hearing before the Committee on Indian Affairs, United States Senate, One Hundred Seventh Congress, second session on oversight hearing on intra-tribal leadership disputes and tribal governance, September 26, 2002, Washington, DC. Washington: U.S. G.P.O., 2003.

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H, Solomon Peter, and University of Toronto. Centre for European, Russian, and Eurasian Studies., eds. New actors in northern federations: Cities, mergers, and Aboriginal governance in Russia and Canada. Toronto: Centre for European, Russian, and Eurasian Studies, University of Toronto, 2006.

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United States. Congress. Senate. Committee on Indian Affairs (1993- ). Advancing the federal-tribal relationship through self-governance and self-determination: Hearing before the Committee on Indian Affairs, United States Senate, One Hundred Twelfth Congress, second session, September 20, 2012. Washington: U.S. Government Printing Office, 2013.

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Amending the Indian Self-Determination and Education Assistance Act to provide further self-governance by Indian tribes: Report (to accompany S. 1715). [Washington, D.C: U.S. G.P.O., 2004.

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Affairs, United States Congress Senate Committee on Indian. Amending the Indian Self-Determination and Education Assistance Act to provide further self-governance by Indian tribes: Report (to accompany S. 1715). [Washington, D.C: U.S. G.P.O., 2004.

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Amending the Indian Self-Determination and Education Assistance Act to provide further self-governance by Indian tribes: Report (to accompany S. 1696). [Washington, D.C: U.S. G.P.O., 2004.

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Affairs, United States Congress Senate Committee on Indian. Amending the Indian Self-Determination and Education Assistance Act to provide further self-governance by Indian tribes: Report (to accompany S. 1696). [Washington, D.C: U.S. G.P.O., 2004.

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), United States Congress Senate Committee on Indian Affairs (1993. Amending the Indian Self-Determination and Education Assistance Act to provide further self-governance by Indian tribes: Report (to accompany S. 1696). [Washington, D.C: U.S. G.P.O., 2004.

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Book chapters on the topic "Indians Federal Governance"

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Chokkakula, Srinivas, and Prakriti Prajapati. "Whither India’s Federal Governance for Long-Term Water Security?" In Water Governance and Management in India, 165–85. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-1472-9_7.

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Bathla, Seema, and Siraj Hussain. "Structural Reforms and Governance Issues in Indian Agriculture." In India Studies in Business and Economics, 251–96. Singapore: Springer Singapore, 2022. http://dx.doi.org/10.1007/978-981-19-0763-0_9.

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AbstractThis chapter deals with key structural issues facing Indian agriculture since Independence. In the context of federal fiscal relations as well as shared responsibilities towards agricultural development, it examines spending on capital formation and subsidies in agriculture vis-à-vis other economic sectors. It then deals with reforms in the subsidy regime (relating to both inputs and ouput) and the implications of the agri-marketing laws enacted in 2020, since retracted. The agriculture sector (including irrigation) has always received relatively lower priority in public expenditure. Morever, the spending bias has been more towards input subsidies rather than on investment, which may affect agriculture growth in due course. The institutional, price and legislative reforms and structural changes identified in the paper suggest that the agricultural sector requires handholding. The Government of India and state governments should work in tandem to accelerate rural infrastructure, target specific regions as well as small and marginal farmers for support, and create a competitive environment that stimulates investment, productivity and marketing efficiency. States should also be given more flexibility in drawing up action plans relating to the production and marketing of produce to encourage farmers and the private sector. A greater role for existing institutions in coordination and to ensure effective implementation of policies is called for.
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Sahoo, Niranjan. "India." In The Forum of Federations Handbook on Local Government in Federal Systems, 243–80. Cham: Springer International Publishing, 2024. http://dx.doi.org/10.1007/978-3-031-41283-7_9.

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AbstractThis chapter documents the growth and evolution of local self-government in India. Despite some major obstacles, the past 75 years have seen the gradual institutionalisation of local government. The historic 73rd and 74th Constitutional Amendment Acts of 1992 set out, for the first time, to provide local bodies within the country’s federal system with certain mandatory structures and powers, but these have not been fully effectuated. Although India has experienced increasing levels of participation from marginalised groups (including women and Scheduled Castes and Scheduled Tribes), active resistance by state-level elites as well as feudal and bureaucratic leadership, in addition to a range of structural challenges, has significantly impeded the deepening of decentralisation and self-governance in the country.
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Wilkins, David E. "European Intrusions/Native Political Transitions." In Indigenous Governance, 50–80. Oxford University PressNew York, 2024. http://dx.doi.org/10.1093/oso/9780190095994.003.0004.

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Abstract This chapter charts how the arrival of Europeans and African peoples profoundly impacted Native nations’ population, economies, cultural systems, and governing arrangements. Despite the remarkable efforts of Native nations to retain and exercise essential components of their cultures and traditions, the political, legal, economic, and cultural forces wielded by non-Indians have made it impossible for Native peoples to act unencumbered. Case studies of the Cherokee Nation, Algonquian, and Five “Civilized Tribes” describe some of the strategies (including the adoption of constitutions) employed by these nations as they struggled to cope with their rapidly changing worlds. It also includes an overview of several policy and statutory enactments instituted by the federal government aimed at the forced assimilation of Indigenous peoples.
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Rao, M. Govinda, and Nirvikar Singh. "Dimensions of Federal Governance." In The Political Economy of Federalism in India, 93–120. Oxford University Press, 2006. http://dx.doi.org/10.1093/acprof:oso/9780195686937.003.0005.

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Wilkins, David E. "Indian Country Justice." In Indigenous Governance, 312–29. Oxford University PressNew York, 2024. http://dx.doi.org/10.1093/oso/9780190095994.003.0013.

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Abstract This chapter provides an overview of how justice is administered across Indian Country in the nearly 400 Tribal court systems that are in operation. Tribal courts deal with many critical issues, including contracts, child welfare, zoning, natural resources, elections, ethics, malfeasance and misfeasance, membership, gaming, and others. Historically, Native societies operated through a cultural lens of kinship in which justice was pursued in a generally non-coercive fashion. Federal officials introduced the adversarial approach in the 1880s through the establishment of Courts of Indian Offenses by the Commissioner of Indian Affairs in coordination with the local Indian agent. The chapter then discusses how many Native nations, beginning in the 1930s, created their own court systems to deal with local issues. It then provides case studies of several Native nations and their judicial systems, including judicial review, appointment procedures, and grounds for removal of Tribal judges. It ends with a discussion of the increasing numbers of nations that are reviving traditional justice systems that are based on peacemaking and restorative justice, meaning they are grounded in trust and support rather than merely meting out punishment.
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"Imagining a unique federal state." In The State and Governance in India, 112–41. Routledge, 2010. http://dx.doi.org/10.4324/9780203854747-11.

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Ablavsky, Gregory. "Epilogue." In Federal Ground, 231–42. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190905699.003.0009.

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Three federal systems coalesced from the ad hoc practices of governance in the Northwest and Southwest Territories—over land, Indian affairs, and the territories themselves. The foundations for the federal land system laid in these early struggles persisted and survived through the Civil War and beyond, as federal adjudication of land rights expanded. The federal government also codified its earlier experiments in compensation, formalizing its payments to Natives and whites even as it also continued to pay for brutal, even genocidal violence against Native peoples from the federal treasury. Finally, even Congress continued to use conditional admission to try to control newly admitted states, the territorial system entrenched the expectation that the plural sovereignty and ownership of the borderlands was temporary; statehood represented the moment when these preexisting claims supposedly passed away. Statehood also helped doom the flawed vision that the federal government would serve as a neutral arbiter between Natives and whites. Rather, statehood gave the former territories perhaps the most effective way yet to make claims on the federal government. As these new states increasingly became the federal government—in Congress, in the cabinet, and in the presidency—they turned their goals into federal law. This result occurred within the federal lands, where states successfully bent federal land policy to serve their expansionist aims, and in Indian affairs, where state representatives successfully persuaded the federal government to back their assertions of sovereignty against the compelling sovereignty claims of the Cherokee and Native Nations in the struggle known as Removal. This effectiveness at exploiting federal power allowed these former territories to rapidly remake these former borderlands to satisfy their long-standing settler colonial aspirations.
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Choubey, Kamal Nayan. "Forest Governance, Tribal Rights and State." In New Dimensions in Federal Discourse in India, 106–18. Routledge India, 2020. http://dx.doi.org/10.4324/9781003032663-9.

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"Jurisprudence and Recommendations for Tribal Court Authority Due to Imposition of US Limitations." In A Guide to Civil Procedure, edited by Brooke Coleman, Suzette Malveaux, Portia Pedro, and Elizabeth Porter, 219–30. NYU Press, 2022. http://dx.doi.org/10.18574/nyu/9781479805938.003.0025.

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There are more than 570 federally recognized Tribal Nations in the United States and more than 330 tribal courts serving as the judicial branch of those nations. Yet, there is little mention of the existence of tribal courts in most mainstream civil procedure courses taught in the 200-plus law schools across the country. To gain any knowledge as to the existence of these courts, law students must take a course on federal Indian law, which is not available in most law schools. In fact, fewer than 20 law schools offer a series of courses forming an Indian law program. Thus, the invisibility of tribal courts is perpetuated through curriculum omission in mainstream civil procedure courses and rarely remedied through offering a stand-alone course on federal Indian law. Tribal Nations have existed from time immemorial with their own laws, dispute resolution systems, and governing structures. This lack of attention and suppression of information serves only to reinforce colonizing ideas of subsuming tribal governance into the forums set up by the United States.
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