January in Tucson

Our views about what is right and wrong and the nature of the good life are part of what makes us who we are. These fundamental values shape how we interact with others, how we understand our rights and responsibilities and our relationships other peoples, species and the environment. Business ethics in the western world are shaped specifically by two theories, both springing from the European enlightenment, when democratic institutions were emerging and the economy was becoming industrialized. They are known as utilitarianism and deontology. They form the basis for western law as well as social science disciplines including economics and public policy.

Indigenous ways of understanding how to be a good person, as told through stories and the writings of modern Indigenous philosophers, are complex, nuanced, and embody the accumulated wisdom of generations. Historically, they supported the development of thriving nations and more recently they have survived the failed efforts of colonizers to replace them with western beliefs and practices. While these traditions are largely ignored or pushed aside there is a quiet revolution occurring in which academics, knowledge keepers, and communities are currently rediscovering modern applications for their long held ways of knowing.

Across the globe, Indigenous peoples are engaged in the work of Indigenous governance regardless of whether they use that term or not. This course will examine different systems of Indigenous governance with an emphasis on Indigenous peoples living in Canada, Australia, New Zealand, and the United States. 

While these four countries share certain features, like English legal and political heritages, they also differ in important ways. Those differences have affected the patterns, and outcomes of Indigenous self-determination and self-government efforts. Three questions form the subject matter of this course:

• What are the commonalities/differences among these four countries and their impacts on Indigenous assertions of self-governing power?
• How and why do the patterns of Indigenous self-government vary across these four countries?
• What, if anything, might Indigenous peoples learn from each other across these countries as they assert and implement rights of self-government?

The course will investigate the role that law plays in the lives of Indigenous peoples and in their on-going efforts to secure their rights of equality, tribal self-governance, and self-determination. The course draws from comparative sources with a focus on how law can be used pragmatically by Indigenous leaders, communities, their partners and advocates to effect meaningful change.

• How does law function to perpetuate a history of assimilation and racism within governmental institutions around the world?
• How can Indigenous peoples use law to secure rights and exercise tribal self-governance?
• What role can legal institutions play in the processes of Indigenous nation building?

This course considers the question, “What is a constitution?” and explores different types of Indigenous nation constitutions, important concepts for constitutions to address, and the process for developing one appropriate for each community. 

• How do constitutions facilitate tribal self-governance?
• How can constitutions help shape development of capable governing institutions?
• What should Indigenous nations bear in mind when considering tribal constitution reform ?
• What are constitutions, and what is their role in the lives of Native nations, and the history of Indigenous constitutional governance?

This course is about the process of starting and building a venture, not just a business venture but any new risky, exciting and value adding project. Entrepreneurship is a practice and a way of thinking that involves discovering or creating opportunities and then assembling or developing resources to deliver and capture the value related to the opportunity. This course will also assess, explore, critique, and celebrate entrepreneurship as an important aspect of Indigenous and non-Indigenous life. Together we will mix theory with practice and reality, and apply the principles, concepts and frameworks to situations that are important to you.

This course will cover tangible and intellectual cultural property, its identity, ownership, appropriation and repatriation and will begin with the history of the appropriation of cultural materials and the development of national and international laws.

Supported by three decades of research, Indigenous self-determination and tribal self-governance have proven to be the most effective policies when it comes to addressing economic disparities affecting Indigenous communities and empowering tribal governments to exercise real control over their cultures, lives, and societies.

• What specific data support the core principles of Indigenous nation building (self-determination, effective and legitimate governing institutions, strategic orientation, and public-spirited leadership)?
• What is the basis of the argument that Indigenous self-determination and self-government are the most effective nation rebuilding policies?
• How can course participants contextualize the Indigenous research findings for their own communities?

Indigenous peoples and tribal governments are increasingly turning to international law and the international human rights system as a means of protecting their lands and property. This course focuses on the critical role that international law—including international bodies such as the United Nations and the Organization of American States, etc.—play in protecting Indigenous peoples’ rights to property, self-determination, cultural integrity, life, etc. This course also examines how international law precedents can be used when arguing for Indigenous rights and tribal self-governance at the domestic level. 

• How can the UN Declaration on the Rights of Indigenous Peoples be used to advance Indigenous governance and rights at home?
• How can international law mechanisms be used to address Indigenous peoples’ desire to protect lands, property, and culture?
• How can the Inter-American Commission on Human Rights be utilized within contexts of disputes over lands and natural resources?

The relationship between Native nations and their tribal governments, as well as national, state and local governments have long been a source of historic tension for Indigenous peoples. Using a range of real-world case studies, this course explores how Indigenous nations can be treated as sovereigns by other nations. And how, as sovereigns, Indigenous nations can work with other governments to solve common problems in their nation-rebuilding efforts. Course participants will be provided with an overview of tribal-state and tribal-federal relations.

• What factors might Native Nations use when contemplating litigation or negotiation strategies?
• Does intergovernmental cooperation impair sovereignty?
• What internal, tribal governance dynamics might affect the negotiation processes?
• What constitutes a successful intergovernmental relationship?

Although the need for change is often great within Indigenous communities–particularly in places where Indigenous rights are not yet fully respected–it is not always clear how real change can come about. This course explores ways to assess and prioritize Indigenous community needs with respect to nation building and uses case studies to explore how governments work within legal constraints to serve their communities and assert their rights.

As Indigenous Peoples enter the 21st Century, economic development stands out as a critical challenge for the maintenance of their communities, identities, and status as sovereigns. This course examines the issues surrounding economic development as a tool for helping Indigenous Peoples achieve their goals on their own terms. The course will cover a broad range of issues including Indigenous nation-owned enterprises, entrepreneurship, procurement, Indigenous nation public finance, sovereignty, cultural preservation, constitutional reform and the development of an Indigenous nation’s legal infrastructure, securitization of resources, social welfare, and education, among others.

This course examines the development challenges faced by contemporary Native nations. Utilizing numerous case studies and extensive research on what is working and what is not working to promote the social, political, cultural and economic strengthening of American Indian nations, the course emphasizes themes applicable to community development and nation rebuilding worldwide. Historical and relevant federal Indian policy and case law are used as background material, but the course emphasizes the interdisciplinary nature of the “nation building revolution” underway in Indian Country. Additional emphasis is placed on how tribal initiatives can conflict with federal case law, state jurisdiction, and federal policies and politics. 

• What is working, and what is not working, to promote the social, political, cultural and economic strengthening of Native nations and Indigenous governance?
• While the primary focus of the course is on the American Indian experience, what principles of nation building are applicable to Indigenous peoples worldwide?
• In what ways have American Indian policy and case law promoted and impeded tribal self-governance?
• What conflicts between federal, state, and local governments can arise from tribal assertions of self-governance?