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Table of Contents
Preface
Introduction
1. The challenge of the modern era
The field of indian law: barriers to unitary doctrine
Setting rights within the reservations: the laws of the nineteenth century
Indian law at the beginning of the modern era
2. Insulation against time
Protection against de facto termination
Protection against encroachment due to nonuser
Protection against modern statutes
3. The elevation of tribalism
The nomenclature of sovereignty
Unity of recognition
The right to change
The permanency of tribal existence
The higher sovereign
4. Territorial jurisprudence
Unity of territory
The tribes, the states, and the constitution
The nexus with legitimate tribal interests
Majority within a minority: the quandary of political representation
Conclusion
Appendix. Supreme Court cases during the modern era, 1959-1986
Notes
Index
Introduction
1. The challenge of the modern era
The field of indian law: barriers to unitary doctrine
Setting rights within the reservations: the laws of the nineteenth century
Indian law at the beginning of the modern era
2. Insulation against time
Protection against de facto termination
Protection against encroachment due to nonuser
Protection against modern statutes
3. The elevation of tribalism
The nomenclature of sovereignty
Unity of recognition
The right to change
The permanency of tribal existence
The higher sovereign
4. Territorial jurisprudence
Unity of territory
The tribes, the states, and the constitution
The nexus with legitimate tribal interests
Majority within a minority: the quandary of political representation
Conclusion
Appendix. Supreme Court cases during the modern era, 1959-1986
Notes
Index