California Law Review

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Race, Descent, and Tribal Citizenship

This piece expands upon the author’s comments at the Henderson Center’s Fall 2012 Symposium, “Heeding Frickey’s Call: Doing Justice in Indian Country.”

University of Connecticut School of Law Professor Bethany R. Berger looks at the relationship between descent-based tribal citizenship requirements and race or racism. She argues that tribal citizenship laws that require Indian or tribal descent are generally neither the product nor the source of racism in federal Indian law and policy, and instead are moral, legal, and consistent with federal and international norms.