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"Justin B. Richland continues his study of the relationship between American law and government and Native American law and tribal governance in his new manuscript Cooperation without Submission: Indigenous Jurisdictions in Native Nation-US Engagements. Richland looks at the way Native Americans and government officials talk about their relationship and seek to resolve conflicts over the extent of Native American authority in tribal lands when it conflicts with federal law and policy. The American federal government is supposed to engage in meaningful consultations with the tribes about issues that affect the tribes under long standing Federal law which accorded the federal government the responsibility of a trustee to the tribes. It requires the government to act in the best interest of the tribes and to interpret agreements with tribes in a way that respects their rights and interests. At least partly based on a patronizing view of Native Americans, the law has also sought to protect the interests of the tribes from those who might take advantage of them. In Cooperation without Submission, Richland looks closely at the language employed by both sides in consultations between tribes and government agencies focusing on the Hopi tribe but also discussing other cases. Richland shows how tribes conduct these meetings using language that demonstrates their commitment to nation-to -nation interdependency, while federal agents appear to approach these consultations with the assumption that federal l aw is supreme and ultimately authoritative"--
About the author
Justin B. Richland is an associate justice of the Hopi Appellate Court as well as an associate professor of anthropology at the University of California, Irvine and faculty fellow of the American Bar Foundation. Richland is the author of several works on the contemporary legal systems and practices of Native American Nations, including
Arguing with Tradition: The Language of Law in Hopi Tribal Court and
Introduction to Tribal Legal Studies.
Summary
A meticulous and thought-provoking look at how tribes use their language to engage in "cooperation without submission."
