A Mighty Pulverizing Engine? The American Indian Probate Reform Act and the Struggle for Group Rights

Date

2010

Journal Title

Journal ISSN

Volume Title

Publisher

Estate Planning & Community Property Law Journal

Abstract

The tormented and perilous history of Native American rights’ in this country takes a complicated path through history. This conflict centers on land and property or more specifically, who has a right to inherit it. Early American Indian Law held that Indian’s had no title to the land—the land belonged to the conquerors, the Europeans. While American legal jurisprudence has tried to rectify this conflict, probate issues still arise. The comment focuses on the conflict between individual Native Americans and Tribes as a whole. This comment then discusses American Indian Probate Reform Act (AIPRA) and its intent to connect fragmented tribal property and promote tribal self-government. Additionally, this comment discusses how the rights of the individual and the rights of Tribes as a whole are affected by AIPRA. The comment concludes by suggesting that allowing rights to the group effectively allows individuals to have a voice as well and might be the best solution for Native American rights.

Description

Keywords

American Indian, Native American, Probate, Property, Tribal property, Indian land consolidation act, ILCA, American Indian probate reform act, AIPRA

Citation

2 EST. PLAN. & COMMUNITY PROP. L.J. 463