Nakomidizo: An Anishinaabe Law Response to Two-Hundred Yearsof Johnson v. M’Intosh and the Doctrines of Discovery and Implicit Divesture

Responding to the history involved in the establishment and perpetuation of the doctrines of discovery and implicit divesture, this article critiques how federal Indian law has been developed to support the diminishment of tribal sovereignty through the perpetuation of historical assimilation policies. In response, this article will show that the diminishment of tribal sovereignty through the perpetuation of historical assimilation policies can be overcome with the effective implementation of tribal law principles. To counter the narrative of diminished sovereignty, I offer an understanding of the trust responsibility from an Anishinaabe law perspective. In particular, the revitalization of tribal law through the utilization of the Anishinaabe customary law principles of mino-bimaadiziwin and nakomidizo can establish a path forward grounded in the tribal principles of sovereignty, rights, and territorial governance. As such, we must discontinue the use of the doctrines of discovery and implicit divesture.