racial discrimination by tribal governments
Theodore W. Ruger
truger at law.upenn.edu
Sun Mar 4 12:20:40 PST 2007
I don't think Title VI applies to tribal governments -- the
definitional section about covered governmental programs applies only
to state and local govts.
Title VII's antidiscrimination section contains an express exception
for businesses "on or near Indian reservations" which grant
preferential treatment to Native Americans.
Quoting Brian Landsberg <blandsberg at pacific.edu>:
> I also wonder whether this affects federal financial assistance.
> According to Title VI of the 1964 Civil Rights Act such assistance
> should not flow to discriminatory programs or activities.
> >>> "Malla Pollack" <mpollack at ajsl.us> 3/4/2007 8:24 AM >>>
> The BBC update today reports that the Cherokee nation voted to end
> membership by descendants of African American slaves who sued to
> tribal members. See http://news.bbc.co.uk/2/hi/americas/6416735.stm
> Does anyone know to what extent such tribal action is controlled by
> 14th Amd?
> Malla Pollack
> Professor, American Justice School of Law
> mpollack at ajsl.us
> 270-744-3300 x 28
> articles http://works.bepress.com/malla_pollack/
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Theodore W. Ruger
Professor of Law
University of Pennsylvania Law School
3400 Chestnut Street
Philadelphia, PA 19104
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