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Foreword to the Third Edition | |
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Foreword to the Second Edition | |
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Foreword to the First Edition | |
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Acknowledgments to the Third Edition | |
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Acknowledgments to the Second Edition | |
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Acknowledgments to the First Edition | |
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The Federal Relationship to Alaska Natives | |
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The Federal-Native Relationship Generally | |
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A Unique Relationship | |
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Common Law Basis | |
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International Legal Principles | |
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Federal Plenary Power | |
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Defining the Relationship | |
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History of the Alaska Native Relationship | |
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Early Years (1867-1905) | |
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Middle Period (1904-1971) | |
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ANCSA and Its Effect | |
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The Modern Relationship | |
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The Abstract Relationship | |
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The Specific Aspects | |
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General Conclusions | |
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Aboriginal Title | |
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Introduction | |
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Generally | |
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The Rule of Discovery | |
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M'Intosh-The Exclusive Right of Purchase | |
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Worcester-Protection Against States and Others | |
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Three Elements | |
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The Obligation to Protect Aboriginal Title | |
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Common Law Principle | |
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The Statutory Requirements | |
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Extinguishment of Aboriginal Title | |
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Purchase and Conquest | |
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Congress and Its Intent | |
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Recognition and Other Rights to Compensation | |
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Recognized and Unrecognized Aboriginal Title | |
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Jurisdictional Acts | |
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Aboriginal Title in Alaska | |
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Introduction | |
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Treaty of 1867 | |
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The Obligation of Protection | |
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Preserving the Status Quo | |
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Events After Statehood | |
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Alaska Native Claims Settlement Act (1971) | |
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Conclusion | |
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Reservations | |
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Introduction | |
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Alaska Pacific Fisheries v. United States | |
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General Principles | |
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Development and Decline of the Alaska Reservation Policy | |
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Eight Phases | |
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1891-1919-Metlakatla and the First Executive Order Reserves | |
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1920-1933-"Public Purpose" Reserves | |
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1936-1940-Application of the IRA to Alaska and the Small Reservation Policy | |
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1940-1943-Reversal of Policy and Creation of the Venetie Reserve | |
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1944-1952-The IRA Reserves: A Policy Frustrated | |
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1952-1960-Dormant Period | |
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1960-1971-Restrictions and Revocation | |
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Some Conclusions | |
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Trust Responsibility to Land Before ANCSA | |
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Trust Responsibility to Land After ANCSA | |
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Guardianship | |
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Native Allotments and Townsites | |
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Generally | |
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Allotments | |
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Allotment Policies | |
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Substantive Provisions of the Alaska Native Allotment Act | |
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Changing Alaska Allotment Policies | |
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From Trust to Restricted Status | |
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Allotment Administration | |
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Native Townsites | |
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Townsite Administration | |
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Federal Obligations | |
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Native Occupancy Rights | |
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Jurisdictional Issues | |
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General | |
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Federal Court Jurisdiction | |
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Effect of P.L. 280 | |
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Probate | |
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Federal Income Tax | |
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Condemnation | |
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Conclusion | |
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ANCSA: The Alaska Native Claims Settlement Act | |
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Introduction | |
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Background: ANCSA's Compromises | |
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ANCSA's Provisions | |
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Generally | |
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Land Allocations | |
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"Surface" and "Subsurface" | |
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Easements and Other Encumbrances | |
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The Monetary Settlement | |
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Post-ANCSA Institutions | |
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ANCSA's Evolution | |
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Generally | |
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Refinancing ANCSA (The NOLs) | |
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Growing ANCSA: 8(a) and Natural Resource Revenue | |
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Restructuring ANCSA | |
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Conclusions | |
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History of Alaska Natives Services | |
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Overview | |
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Bureau of Education-1884 to 1931 | |
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Bureau of Indian Affairs-1931 to Present | |
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Education | |
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History of Education in Alaska | |
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Status of Education in Alaska | |
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Federal Support for State Education | |
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Conclusion | |
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Economic Development | |
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Introduction | |
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Reindeer | |
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The Hydaburg Model Village | |
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Fish Canneries | |
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ANCSA and the Indian Financing Act | |
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Conclusion | |
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Welfare Benefits and Services | |
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Introduction | |
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Copper Center and Vicinity-1907 to 1910 | |
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The Snyder Act | |
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BIA Social Service Programs | |
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Conclusion | |
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Indian Health Service | |
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History (1868 to 1955) | |
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Native Health Conditions | |
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The Alaska Native Medical Center | |
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The Alaska Native Health Service | |
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The Indian Self-Determination Act | |
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The 1975 Enactment | |
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1988 Amendments | |
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1994 Amendments | |
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BIA and IHS Compacting | |
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Conclusion | |
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Native Entitlement to Services | |
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Introduction | |
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Three Legal Theories | |
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Authority and Obligation | |
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Sources of Federal Authority to Provide Human Services | |
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Generally | |
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Guardianship as a Source of Federal Authority | |
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Guardianship in Alaska | |
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The Snyder Act | |
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Conclusion | |
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Federal Social Service Obligations | |
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Executive Obligations | |
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Due Process | |
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Statutory Entitlement | |
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Beyond Due Process and Statutory Entitlement | |
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The Ruiz Approach | |
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The White v. Califano Approach | |
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Ruiz-Califano and the Transformation of Guardianship | |
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Indian Preferences | |
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Federal Indian Preference Legislation | |
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Federal Indian Preference Decisions | |
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ANCSA Preference | |
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Conclusion | |
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Describing the "Legal Relationship" | |
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Authority and Obligation | |
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ANCSA and Federal Obligations | |
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Subsistence in Alaska | |
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Protecting Subsistence Generally | |
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Introduction | |
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"Subsistence" | |
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Subsistence Protection Alternatives | |
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Federal Preemption in Alaska | |
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General | |
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Preemptive Treaties | |
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Preemptive Statutes | |
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Trust Responsibility for Subsistence | |
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Subsistence and ANCSA | |
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Introduction | |
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The Effect of ANCSA | |
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Problems with State Protection | |
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ANILCA | |
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Subsistence on the Outer Continental Shelf | |
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The Subsistence Defense in Federal and State Criminal Prosecutions | |
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Possibilities for Tribal Control | |
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Introduction | |
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Exclusive Tribal Jurisdiction | |
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Exclusive State Jurisdiction | |
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Concurrent Jurisdiction | |
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Comanagement | |
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Conclusions | |
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Modern Alaska Native Governments and Organizations | |
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Introduction | |
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Governmental Organizations | |
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Generally | |
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Territorial and State Muncipalities | |
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Traditional and IRA Governments | |
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Tlingit and Haida Central Council | |
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Economic Profit Corporations | |
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Generally | |
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IRA Corporations | |
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ANCSA Corporations | |
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Nonprofit Development and Service Corporations | |
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Background | |
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Tanana Chiefs Conference | |
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Maniilaq Association | |
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General Conclusions | |
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Multiregional Political Organizations | |
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Introduction | |
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Alaska Native Brotherhood and Sisterhood | |
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Alaska Federation of Natives | |
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Tribal Advocacy Organizations | |
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Marine Mammal Commissions | |
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International Organizations | |
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Sovereignty: Alaska Native Self-Government | |
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Introduction | |
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The Meaning of "Sovereignty" | |
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Alaska Native Self-Government | |
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Native American Sovereignty in General | |
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The Interplay of History and Law | |
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Inherent Sovereignty-The Most Basic Principle | |
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Preemption and Infringement-Limits on the States | |
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Powers of Native Governments | |
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Vacillating Federal Policies | |
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Legal History of Alaska Native Sovereignty | |
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Early History | |
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Change in Status | |
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The Indian Reorganization Act | |
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Tribal Political Status | |
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ANCSA and Subsequent Events | |
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General Observations | |
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The Juridiction Problem | |
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Other Aspects of Sovereignty | |
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The Cultural Aspect | |
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State and Native Jurisdiction in Alaska | |
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Jurisdiction in General | |
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Jurisdiction over Territory: The "Indian Country" Question | |
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Jurisdiction over Persons and Property | |
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Subject Matter Jurisdiction | |
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Delegation and Other Expansions of Subject Matter Jurisdiction | |
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P.L. 280 | |
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Sovereign Immunity | |
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Labor and Discrimination Laws | |
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"Recognition" | |
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Basic Principles | |
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Federal Judical Recognition | |
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Federal Administrative Recognition | |
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Federal Legislative Recognition | |
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The State and Recognition | |
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Consultation | |
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Conclusion | |
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Tribal Courts | |
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Tribal Court Roots | |
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Tribal Court Jurisdiction | |
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The Operation of Tribal Courts in Alaska | |
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Tribal Land Transfers | |
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Conclusion | |
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Bibliography | |
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Table of Cases, Statutes, Regulations, and Materials | |
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Opinions Cited | |
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Cases Cited | |
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Selected Statutes, Regulations, and Materials | |
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Index | |