schmidlawlibrary

STIRring It Up

In Uncategorized on March 25, 2013 at 2:38 pm

“STIRring It Up” is a distillation of the 15-minute presentations in the law college from the S.T.I.R. Talks series at the law college.
The presentations are recorded and made available on YouTube at the STIR Talks channel.

Please visit the YouTube channel for this and other S.T.I.R. talks.

Professor Jessica Shoemaker
“No Sticks in My Bundle: the Indian Land Tenure Problem”
[Talk given March 12, 2013]

Professor Shoemaker started off her main portion of the presentation with the fastest history overview of federal Indian law ever recorded; in less than 5 minutes. The meat of her presentation covered the special property rules that apply only to Indian lands and Indian land owners in this country and particularly how these special property rules adversely impact the social and economic opportunities in Indian communities, including right here in Nebraska and the Great Plains. Professor Shoemaker pointed out that these special property rules are at the root of many of the social and economic issues that we see on many Indian reservations today – poverty, unemployment, housing shortages, lack of basic services, even health and safety concerns. At least some of this is a legal problem with possible legal solutions.

Some of the issues involved include: lack of any real use/possession right, no realistic access to credit, bureaucratic trust status, and incentives for landowner action. Possible solutions to these are: tribal property norms, authorize informal use and possession, redistribute incentives to prefer local resident landowners in land use, maintain accounting and basic land use services (eliminate appraisals), and tribal financial institutions.
By Brian Striman, Professor of Law Library

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