Full metadata
Title
Indigeneity in the Air: The Highs and Lows of Asserting Tribal Airspace Sovereignty
Description
Advancements in marine and aerospace technology drive legal reform in admiralty and air law. The increased accessibility and affordability of these technologies demand and motivate lawmakers and federal agencies to anticipate potential threats to peoples’ rights and resources in the seas and skies. Given the recent applications of unmanned aircraft in the public and private sectors, developments in aircraft and air law are rapidly becoming more relevant to American Indian and Alaska Native tribes. In anticipation of legal reform, tribal nations are taking steps to assert, expand, and secure their air rights before agencies or the courts attempt to divest their sovereign authority. An analysis of two case studies through a lens of water and federal Indian law locates spaces in American jurisprudence that have the legal foundation and structural capacity to support a greater presence of Indigeneity in airspace. Research findings from these studies answer the following inquiries about tribal airspace sovereignty: where does Indigeneity reside in the US national airspace system and domestic air law, how are tribal air rights strengthened or weakened by American jurisprudence, what strategies do tribes employ to exercise their sovereignty in airspace, and how are tribes planning for future developments in aircraft and air law? Answers lead to proof of how meaningful consultation through collaborative rulemaking produces far greater mutual benefits than burdens for federal agencies and tribes, and much more. Most importantly, these discoveries celebrate a diverse and accumulative strategic legacy of strengthening and expanding tribal sovereignty in the face of imminent threats and possibilities in tribal airspace.
Date Created
2019
Contributors
- Knight, Shelly Lynn (Author)
- Vicenti Carpio, Myla (Thesis advisor)
- Martinez, David (Committee member)
- Riding In, James (Committee member)
- Arizona State University (Publisher)
Topical Subject
- Native American Studies
- air law
- aviation law
- federal Indian law
- tribal air law
- tribal airspace sovereignty
- Tribal sovereignty
- Airspace (Law)--United States--Case studies.
- Airspace (Law)
- Indians of North America--Legal status, laws, etc.--Case studies.
- Indians of North America
- Sovereignty--Case studies.
- Sovereignty
Resource Type
Extent
167 pages : illustrations
Language
eng
Copyright Statement
In Copyright
Primary Member of
Peer-reviewed
No
Open Access
No
Handle
https://hdl.handle.net/2286/R.I.53763
Statement of Responsibility
by Shelly Lynn Knight
Description Source
Viewed on September 24, 2019
Level of coding
full
Note
thesis
Partial requirement for: M.S., Arizona State University, 2019
bibliography
Includes bibliographical references (pages 130-139)
Field of study: American Indian Studies
System Created
- 2019-05-15 12:31:48
System Modified
- 2021-08-26 09:47:01
- 3 years 2 months ago
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