grassroots experimentation and local flexibility instead can create critical space for reservation-by-reservation property system transformations into the future.
Jessica Shoemaker has posted “Complexity’s Shadow: American Indian Property, Sovereignty, and the Future,” forthcoming in the Michigan Law Review.
Here is the abstract:
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 the same colonizing work that historic Indian land policies — from allotment to removal to termination — did overtly. But now these inequities are largely shadowed by the daunting complexity of the whole over-arching structure.
This article introduces a new taxonomy of complexity in American Indian land tenure and explores particularly how the recent trend of hyper-categorizing property and sovereignty interests into ever-more granular and interacting jurisdictional variables…
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