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Authors

Janice Aitken

Document Type

Article

Media Type

Text

Abstract

This article explores the continuing legal relationship between American Indians and the federal government of the United States. Namely, the battle over controlling internal tribal affairs. The history of that relationship has developed out of tensions over two doctrines the "plenary" power doctrine and the "trust" doctrine. The author reviews the possibility of expanding the scope of the trust doctrine based upon the application of a Social Contract Theory. Finally, the implications of such a theory are also discussed.

First Page

115

Last Page

155

Publication Date

11-1-1997

Department

Other

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

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