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      American Indian tribes have long been recognized as "domestic, dependent nations" within the United States with powers of self-government that operate within the tribes' sovereign territories. Yet, over the years, the Congress, and more recently, the US Supreme Court, have steadily eroded these tribal powers. In some respects, the erosion of tribal powers reflects the legacy of an imperialist impulse within the nation that operates to constrain or eliminate any political power that may compete with it. These developments have served to move the nation away from its formative commitments to a legally plural society, or in other words, the idea that multiple nations and their legal systems could co-exist peacefully in shared territories.

      This book argues for redirecting the trajectory of tribal-federal relations to better reflect the formative ethos of legal pluralism that operated in the nation's earliest years. New York: Oxford University Press, He revisits familiar themes: sovereignty versus dependency, collective tribal rights versus individual liberties, and the persistence of pernicious nineteenth-century legal formulations in contemporary Indian law.

      Even as his course-setting study, American Indians and the Law , was published, the concerns therein took on new urgency, and a new project took shape that would become Shadow Nations.