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Among the Bodies of Our Children: An Analysis of State-Tribal Relations and the Continued Effects of US Colonialism on Indigenous Peoples

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Abstract

The study of the continuation of colonial violence and the tactics used by the States to maintain their powers are necessary research for the safety and continued existence of Indigenous peoples both in the US and abroad. Therefore, my dissertation asks: How do states use modern legal frameworks and tools to undermine and erode Indigenous sovereignty and self-determination? Traditional judicial decision-making scholarship does not explain the outcome of Native Law cases in US courts. Thus, understanding how state antagonists of Native sovereignty and self-determination use courts and law to advance their agenda is important for Native preservation. I develop a new theoretical framework that further identifies the modern legal weaponry states use to undermine Indigenous sovereignty. My State Imposition theory focuses on state framing Native sovereignty as an imposition on state rights, ignoring treaties and the violent history of states against Native peoples using physical violence and modern legal weaponry to gain jurisdiction and power onto Native land and people. I build from my preliminary framework to further identify modern colonial weaponry that advances the genocide of Indigenous peoples. I develop the Colonial Identity Displacement Theory and create a novel measure of colonial identity displacement of Indigenous people in the US, I use my scale to analyze Native policy preferences to inform and advance Native advocacy, health, and protection against further colonial efforts.

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2026-04-29
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Research Projects
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Keywords
Indigenous, Judicial, Politics, Psychology, Colonialism, Decolonial
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