Chapter

. A Research Program for Indigenous Claims

David E. Wilkins

in Hollow Justice

Published by Yale University Press

Published in print October 2013 | ISBN: 9780300119268
Published online January 2014 | e-ISBN: 9780300186000 | DOI: http://dx.doi.org/10.12987/yale/9780300119268.003.0008
. A Research Program for Indigenous Claims

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This chapter takes a wider view of the topics discussed in this book. The claims discussed throughout this book represent a much deeper problem than a simple land transaction or accounting error. All Native nations endured profound erosions (sometimes extinctions) of their religions, cultures, languages, territories, and governing capacities in the last few centuries. No negotiated settlement, monetary judgment, or judicial ruling will be effective unless major changes are also made in the manner in which the federal government's laws and policies are applied to Native peoples. As shown in previous chapters, and particularly in regards to Cobell, it has generally been futile for Native nations and individuals to submit claims against the US through the litigation process. This final chapter raises some of the more obvious and immediate questions about indigenous claims in the hope that readers will be inspired to engage these issues more critically and systematically.

Keywords: Native nations; Cobell; negotiated settlement; federal government; litigation process

Chapter.  7296 words. 

Subjects: History of Law

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