Tribes and States: A New Era in Intergovernmental Affairs

The history of tribal-state conflict and the role of the federalgovernment is nearly two centuries old. In recent years, themost contentious source of conflict between American Indiantribes and states has been Indian gaming. The Congress attemptedto compromise and resolve the issue by passing the Indian GamingRegulatory Act (IGRA) in 1988, but the law has only exacerbatedand opened up new avenues of conflict. The scope and stakesof Indian gaming can be seen in the history of Indian gamingin New Mexico where the defects in IGRA have been readily apparent.As Indian gaming has grown, so have efforts to curtail it andother aspects of tribal sovereignty, including tribal sovereignimmunity. These efforts are currently underway in the Congress.     

The Colonizer Demands its “Fair Share,” and More: Contemporary American Anti-Tribalism from Arnold Schwarzenegger to the Extreme Right*

In no small part, Arnold Schwarzenegger's victory in the 2003 California recall can be credited to his campaign's ability to define him as an ‘outsider’ who would save the state from casino-owning indigenous tribes that were seemingly taking over the political system and refusing to pay their ‘fair share.’ This strategy invoked the American sentiment of colonialist anti-tribalism: the view that argues for holding back any expression of tribal sovereignty that may allow tribes to thrive, because thriving tribes are a danger to America. American efforts to prevent tribal casino development, and keep tribes in a state of dependency, often fall back on anti-tribalism in this way. The first part of this article shows how anti-tribalism played a critical role in the Schwarzenegger campaign. The second part then uncovers the active nerve-center of contemporary anti-tribalism in the work of right-wing citizen groups. In all, I argue that anti-tribalism is not consigned to the American past but in fact persists as an active contemporary phenomenon that, in this case, can be clearly traced from the center-right mainstream to the far right margins of American politics.     

American Federalism and Intergovernmental Innovation in State-Tribal Relations

Relations between American Indian tribes and state governmentsare poorly understood; they have been inaccurately portrayedas exclusively or increasingly conflictual. This study balancessuch perceptions and identifies constructive patterns of state-tribalrelations that developed between 1970 and 2003. President RichardM. Nixon's 1970 policy of Indian self-determination affirmedIndian tribes' survival; yet it failed, in the context of tribes'extraconstitutional status, to clarify their relationship tostate governments. Since then, entrepreneurial tribal leadershave asserted sovereign governmental status while advocatingpractical and substantive cooperation with state governmentsin place of adversarial and legalistic relations. The partialsuccess of these efforts has produced new intergovernmentalmechanisms and the development of state-tribal relations asan ongoing and increasingly normalized category of intergovernmentalrelations, even amidst conflict over tribal gaming and a shiftingpolitical and legal environment.     

American Indian Tribal Governance and Management: Public Administration Promise or Pretense?

Research on tribal governance in the United States is scarce within modern public administration scholarship. Nonetheless, tribal governance is a pre‐Columbian practice that predates the U.S. Constitution and federal law. Drawing from several disciplines, John C. Ronquillo of the University of Georgia demonstrates that interdisciplinary sources offer rich information for present‐day public administration research about Native American tribes. Tribal governance literature is definitely not “missing,” but instead is moderately “unassembled” as a subfield of public administration. Building on what is available, the author suggests several key issues within tribal governance in need of urgent academic attention.     

Representation and Collaboration: Exploring the Role of Shared Identity in the Collaborative Process

Public managers must regularly engage and interact with stakeholders in the external environment to deliver meaningful policy outcomes. Examining the motivations behind such behavior is a critical component of understanding management in the modern era. Some studies suggest that actors with similar interests are more likely to form collaborative partnerships. Using an original mail survey of 150 American Indian education directors in public school districts, this article examines how shared identity and individual attitudes affect levels of interaction with Native American communities. Findings suggest that public school officials who share both a racial and a tribal/co‐ethnic identity with Native American nations in their service area have higher levels of interaction with these groups than public school officials who are either members of Native American nations outside their service area or non‐Indian. This research has broad implications for incorporating theories of representation and social construction into our understanding of collaboration.     

The Influence of Low‐Income Children's Participation in Head Start on Their Parents’ Education and Employment

Head Start is the oldest and largest federally funded preschool program in the United States. From its inception in 1965, Head Start not only provided early childhood education, care, and services for children, but also sought to promote parents’ success. However, almost all evaluation studies of Head Start have focused solely on children's cognitive and social outcomes rather than on parents’ outcomes. The present study examines whether children's participation in Head Start promotes parents’ educational advancement and employment. We use data from the Head Start Impact Study (HSIS), a randomized trial of over 4,000 newly entering three‐ and four‐year‐old children. We find that parents of children in the three‐year‐old cohort (but not the four‐year‐old cohort), who were randomly assigned to and participated in Head Start, had steeper increases in their own educational attainment by child age six years compared to parents of children in the control group. This pattern is especially strong for parents who had at least some college experience at baseline, as well as for African‐American parents. We do not find evidence that Head Start helped parents enter or return to the workforce over time. Results are discussed in the context of using high‐quality early childhood education as a platform for improving both child and parent outcomes.     

Food security and access to healthy foods in Indian country: Learning from the Food Distribution Program on Indian Reservations

Food access, food security, and nutrition‐related health disparities have long been recognized as particular challenges for Native Americans living on tribal land. The U.S. Department of Agriculture (USDA) provides nutrition assistance to tribal communities through the Food Distribution Program on Indian Reservations (FDPIR). In 2016, we completed a study of the FDPIR program for USDA's Food and Nutrition Service. This was the first national update since 1990. We found that FDPIR continued to serve people of all ages. However, since 1990, participation by children decreased whereas participation by elders increased. Consistent with the 1990 study, we found that FDPIR households are a very low‐income population. Households reported significantly higher rates of food insecurity than national averages—34% experienced low food security, and about 22% experienced very low food security. Changing demographics call for continued attention to the diverse nutritional needs of young and elderly program participants in tribal communities. Although barriers to food access persist in Indian country, FDPIR and locally sourced food initiatives help to meet needs. Nutrition and wellness education addresses health disparities and fosters healthy lifestyles. Partnerships operating at multiple levels support food production and distribution, improve access to healthy foods, and encourage healthy diets. From a policy and practice perspective, the study findings offer insights for tribal communities and rural areas that have limited access to healthy food options and illustrate how nutrition assistance programs can coexist with local initiatives to provide practical approaches to ensure healthy and adequate nutritional support.     

Determinants of the probability and timing of commercial casino legalization in the United States

The adoption of lotteries by state governments has received significant attention in the economics literature, but the issue of casino adoption has been neglected by researchers. Casino gambling is a relatively new industry in the United States, outside Nevada and New Jersey. As of 2007, 11 states had established commercial casinos; several more states are considering legalization. We analyze the factors that determine a state’s decision to legalize commercial casinos, using data from 1985 to 2000, a period which covers the majority of states that have adopted commercial casinos. We use a tobit model to examine states’ fiscal conditions, political alignments, intrastate and interstate competitive environments, and demographic characteristics, which yields information on the probability and timing of adoptions. The results suggest a public choice explanation that casino legalization is due to state fiscal stress, to efforts to keep gambling revenues (and the concomitant gambling taxes) within the state, and to attract tourism or “export taxes.”     

Sovereigns and citizens? The contested status of American Indian tribal nations and their members

American Indian tribal members are citizens of both tribal nations and the larger national body. Tribal nations' contemporary resurgence has made tribal citizenship politically visible, materially significant, and politically contested. Conflicts about tribal members' status are not merely racial or ethnic in character, but reflect fundamental tensions between settler societies and indigenous survivors who challenge national narratives and demand collective rights. Tribal members' dual citizenships and the conflict about them are the result of discordant federal policy legacies, tenacious tribal survival, and the erosion of racial barriers to citizenship. Differences between ethnonational tribal citizenship and republican-based US citizenship fuel public criticism in the context of widespread ignorance about treaties and tribal rights. Crucially, while legal and political dimensions of citizenship have been partly extended to tribal members, they remain excluded from the national identity.     

False Consciousness or Class Awareness? Local Income Inequality,Personal Economic Position,and Belief in American Meritocracy

Existing research analyzes the effects of cross‐national and temporal variation in income inequality on public opinion; however, research has failed to explore the impact of variation in inequality across citizens’ local residential context. This article analyzes the impact of local inequality on citizens’ belief in a core facet of the American ethos—meritocracy. We advance conditional effects hypotheses that collectively argue that the effect of residing in a high‐inequality context will be moderated by individual income. Utilizing national survey data, we demonstrate that residing in more unequal counties heightens rejection of meritocracy among low‐income residents and bolsters adherence among high‐income residents. In relatively equal counties, we find no significant differences between high‐ and low‐income citizens. We conclude by discussing the implications of class‐based polarization found in response to local inequality with respect to current debates over the consequences of income inequality for American democracy.     

The effects of the National School Lunch Program on education and health

This paper estimates the effects of participating in the National School Lunch Program in the middle of the 20th century on adult health outcomes and educational attainment. I utilize an instrumental variables strategy that exploits a change in the formula used by the federal government to allocate funding to the states. Identification is achieved by the fact that different birth cohorts were exposed to different degrees to the original formula and the new formula, along with the fact that the change of the formula affected states differentially by per capita income. Participation in the program as a child appears to have few long‐run effects on health, but the effects on educational attainment are sizable. These results may suggest that subsidized lunches induced children to attend school but displaced food consumption from other sources. Alternatively, the program may have had short‐run health effects that dissipated over time but that facilitated higher educational attainment. © 2010 by the Association for Public Policy Analysis and Management.     

From Buckskin to Calico and Back Again: An Historical Interpretation of American Indian Feminism

Gender inequality and violence of indigenous women began during the high level of European colonial penetration. This process was continued and maintained by the creation of federal Indian legislation. In order for this process to take hold, indigenous men were forced to perpetuate the same type of gender inequality that was practiced by the new Americans. Consequently, indigenous women were displaced from their indigenous purpose and relegated to an unfamiliar, inferior and often subjugated position to Indian men and to whites. As a result of this treatment, the relationship between American Indian men and women changed dramatically, contributing to a higher level of conflict and gender inequality within and outside of tribal governments. This article examines factors that gave rise to the inequality of Indian women and offers suggestions on how American Indian women can achieve a level of equality and still not sidestep the larger issue of tribal sovereignty.     

China's reform,internal trade and marketing

Abstract

This article analyses Macau's casinos as an example for accumulation by dispossession, in which they serve to transfer wealth from Mainland China to Macau and the casinos' foreign investors. They also represent a model for economic development and this model has migrated to Singapore, where it also operates as a form of accumulation by dispossession. By requiring citizens to pay an entrance fee, Singapore's casinos explicitly appropriate other people's money. The efficacy for the use of casinos as economic development is interrogated here because Macau's casino experience has emerged as a model for economic development in Asia beyond simply Singapore.     

The Politics of Indian Gaming: Tribe/State Relations and American Federalism

Since the passage of the Indian Gaming Regulatory Act in 1988,gambling on reservations has become a multibillion dollar industry.The act, however, has led to jurisdictional conflicts betweentribes and states. These conflicts are redefining the positionand role of Indian tribes in American federalism. As the tribeshave gained autonomy, states have lost jurisdictional powerand control. The federal government has become the arbiter inthe disputes and, as such, has continued to maintain its positionof supremacy and power over both tribes and states.     

LIBERAL DEMOCRACY AND GROUP RIGHTS: THE LEGACY OF INDIVIDUALISM AND ITS IMPACT ON AMERICAN INDIAN TRIBES

Abstract Individualism is the foundation.of democratic theory and practise in the United States. A multi-ethnic, but not really a multi-communal society in the same sense as Northern Ireland or India, the United States has not generally had to confront the nature and justification of its historical opposition to group rights and communal social and political organization. Only the American Indian tribes, with their treaty-mandated communalism, have presented exceptions to this pattern. This paper explores the assumptions underlying liberal democratic attitudes towards communalism, the ways in which group claims pose challenges to conventional notions of justice and equality, and the utility of introducing alternative assumptions about the nature and role of groups in democratic society. Discussion centers on the most recent attempt to reduce the group rights of American Indian tribes.     

Using Panel Data to Determine the Effect of the Americans with Disabilities Act on Per‐Student Public Education Expenditures at the State Level

The purpose of the present study is to determine whether passage of the American with Disabilities Act (ADA) in 1990 resulted in a statistically significant increase in per‐student public education expenditures at the state level. Although numerous studies have estimated educational cost functions, no prior study has examined the impact of the ADA on per capita education spending. The results of the present study are consistent with anecdotal evidence in that enactment of the ADA has had a positive effect on per‐student educational expenditures; this result suggests that legislative mandates may lead to increased government spending. In addition to the ADA, several of the leading determinants of per‐student education spending include population density, per capita income, percentage of the state that is over the age of 65, percentage of state's residents who have a four‐year college degree, percentage of state's residents who are homeowners, and total student population.     

Colleen Jollie,State Tribal Liaison: A Story of Transformational Change

Colleen Jollie, the state tribal liaison at the Washington State Department of Transportation, practices a form of transformational public administration that, at its heart, reflects a Coyote or “trickster” style of management. In indigenous stories across the world, the trickster uses his or her wiles to disrupt, refuse, and dismantle ways that are not working in order to creatively, and sometimes chaotically, build new ways. Jollie’s work as lead tribal liaison has transformed the agency, the tribes, and the relationships between tribes and the agency, creating a culture of cooperation across significant differences and honoring the transformational energy required to cooperate across difference. Like the Coyote, who does what needs to be done through many means, but mostly through thoughtful effort, Jollie works to create change that serves both the state and the tribes. As this profile indicates, the work isn’t always easy and the outcomes don’t always spell success, but the work is necessary for tribes and state governments to forge the kinds of relationships imagined in treaties and in other agreements between sovereign governments.     

Americanising Brexit Britain's Welfare State?

Will the British welfare state revert to an Americanisation trajectory or retain features of the European model after April 2019? After a period of historically prolonged austerity and substantial working age welfare reform, with the UK facing yet another renegotiation of the social contract in a post‐Brexit world, the question of whether there remains space for an alternative to the ‘American’ model is of crucial importance. We argue that there has been a blurring of differences across the American and European welfare states in terms of working age benefits, as most countries have adopted aspects of work‐based conditionality reforms, which attach the receipt of benefits to the active pursuit of work and, to varying extents, the underlying politics of US welfare reform, where there are large coalitions supportive of more punitive policies towards low‐income adults and minorities. These trends are taking place against the backdrop of a second major shift: increasing restrictions on benefits for immigrants. This double narrowing of the welfare state, making benefits conditional for citizens and excluding those who are not citizens, seemingly sets the agenda for a more restrictive post‐Brexit welfare state. The experience of the last two decades suggests, however, that the adoption of the American model has not been wholesale; steering a middle path between punitive conditional American benefits and more traditionally generous universal benefits is on the agenda across advanced welfare states.     

Indians 78, Washington State 0: Stories about Indians and the Law

In the 1970s Washington State lost a series of legal cases related to Native Americans. These cases exemplify the need for knowledge of federal Indian law-but such knowledge, out of context, is insufficient. Key aspects of federal Indian law are hard to accept because of conflicting stories that Americans already believe. The authors discuss the importance of stories and review commonly believed stories that block acceptance of federal Indian law. They then discuss basic principles of Indian law and distill four questions to help determine tribal jurisdiction. The authors review the Marshal trilogy—three Supreme Court cases that set the foundations of modern Native American law—and show how the legal principles play out in an analysis of three contemporary court cases.     

Financial aid and for‐profit colleges: Does aid encourage entry?

Concerns over rising college tuition and slow economic growth have brought renewed attention to the role of federal and state financial aid programs in opening access to education. Despite a large body of literature examining the effects of grant aid on four‐year and public two‐year college enrollment, for‐profit colleges—particularly the vast majority that offer two‐year degrees and certificates—have largely been ignored. Using panel data methods and a new administrative data set of for‐profit colleges operating in California between 1989 and 2003, I assess the impact of the federal Pell Grant program, the G.I. Bill, and California's Cal Grant program on the net number of for‐profit colleges per county. The results suggest that for both Pell and Cal Grants, increases in the per‐student maximum award encourage for‐profit entry. This relationship is particularly strong in counties with high adult poverty levels, where more students are eligible for aid. Further, these gains in the private sector do not appear to come at the expense of the public sector. Rather, public community colleges also experience enrollment gains as the generosity of Pell and Cal Grants increases, although this reaction appears to be weaker than the reaction of for‐profits. © 2010 by the Association for Public Policy Analysis and Management.