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Profs, the McGirt decision—and the acknowledgement that half of Oklahoma is on Indian reservations—is a great teaching case about both tribal-state and tribal-congressional relations.
What to assign?
1/x
What to assign?
1/x
First, students can read the decision, even if you have to skip some legal history in the middle. A key point: Congress doesn’t have to insert itself in what comes next; they can let tribes and Oklahoma write MOA’s as fellow sovereigns.
https://www.supremecourt.gov/opinions/19pdf/18-9526_9okb.pdf
2/x
https://www.supremecourt.gov/opinions/19pdf/18-9526_9okb.pdf
2/x
Second, what dynamics in tribal-state relations lie ahead? Jean Dennison profiles relations between Oklahoma and the Osage Nation and offers important lessons.
https://anthrosource.onlinelibrary.wiley.com/doi/abs/10.1111/amet.12566
3/x
https://anthrosource.onlinelibrary.wiley.com/doi/abs/10.1111/amet.12566
3/x
Third, what do best practices in state-tribal relations look like? See Kyle Whyte et al.
4/x https://www.academia.edu/35345822/Seven_Indigenous_principles_for_successful_cooperation_in_Great_Lakes_conservation_initiatives
4/x https://www.academia.edu/35345822/Seven_Indigenous_principles_for_successful_cooperation_in_Great_Lakes_conservation_initiatives
Fourth, what if Congress decides to insert itself? We can learn a lot from the aftermath of the Indian Gaming Regulatory Act, where Congress established a legal framework for state-tribal relations wrt casinos. W. Dale Mason shows the law’s impact.
5/x
https://www.oupress.com/books/search/W.%20Dale%20Mason/
5/x
https://www.oupress.com/books/search/W.%20Dale%20Mason/
Fifth, if Congress wanted to insert itself in tribal-state relations in a productive manner, what might that look like? See Kouslaa Kessler-Mata for a roadmap.
6/6 https://www.cambridge.org/core/books/american-indians-and-the-trouble-with-sovereignty/360F8B75B4485BE55E8ADA138559546A
6/6 https://www.cambridge.org/core/books/american-indians-and-the-trouble-with-sovereignty/360F8B75B4485BE55E8ADA138559546A
