That so many of their assets continue to be held in governmental trusts under outdated policy rationales creates great difficulty for indigenous peoples. But restoring control of those assets to their rightful owners will impose daunting responsibilities on judiciaries. Exchanging assets for a...

Due to the high transaction cost that would be necessary for large numbers of people to negotiate with each other, even those who are usually sanguine about private markets become reserved when externalities affect large populations. The distinction between private and societal interest is well...