Proving the Applicability of the Theory of Regulation and the Economic Theory of Regulatory Constraint to American Indian Studies (AIS): A Case Study in Federal Indian Law and Policy

Abstract

The Theory of Regulation and the Economic Theory of Regulatory Constraint have not yet been adapted by American Indian Studies scholars to explain and analyze the federal regulations connected with Federal Indian Law and Policy. It is the intention of this thesis to prove the applicability of these theories to the law and policy concentration of American Indian Studies. The adaptation of these two theories could impact how federal regulations affecting Indian Country are viewed and interpreted. An examination of Federal Indian policy, specifically the regulations (43 CFR 10) promulgated for the Native American Graves Protection and Repatriation Act (NAGPRA) and the National Historic Preservation Act (NHPA) Section 106 tribal consultation processes (36 CFR PART 800) can provide a case study for understanding the applicability of the Theory of Regulation and the Economic Theory of Regulatory Constraint to a common regulatory process in Federal Indian Law.