American Indians And State Law

Author : Deborah A. Rosen
Publisher : U of Nebraska Press
Page : 361 pages
File Size : 46,6 Mb
Release : 2007-01-01
Category : History
ISBN : 9780803239685

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American Indians and State Law by Deborah A. Rosen Pdf

American Indians and State Law examines the history of state and territorial policies, laws, and judicial decisions pertaining to Native Americans from 1790 to 1880. Belying the common assumption that Indian policy and regulation in the United States were exclusively within the federal government's domain, the book reveals how states and territories extended their legislative and judicial authority over American Indians during this period. Deborah A. Rosen uses discussions of nationwide patterns, complemented by case studies focusing on New York, Georgia, New Mexico, Michigan, Minnesota, Louisiana, and Massachusetts, to demonstrate the decentralized nature of much of early American Indian policy. This study details how state and territorial governments regulated American Indians and brought them into local criminal courts, as well as how Indians contested the actions of states and asserted tribal sovereignty. Assessing the racial conditions of incorporation into the American civic community, Rosen examines the ways in which state legislatures treated Indians as a distinct racial group, explores racial issues arising in state courts, and analyzes shifts in the rhetoric of race, culture, and political status during state constitutional conventions. She also describes the politics of Indian citizenship rights in the states and territories. Rosen concludes that state and territorial governments played an important role in extending direct rule over Indians and in defining the limits and the meaning of citizenship.

Author : N. Bruce Duthu
Publisher : Penguin
Page : 310 pages
File Size : 41,9 Mb
Release : 2008-01-31
Category : History
ISBN : 9781101157916

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American Indians and the Law by N. Bruce Duthu Pdf

A perfect introduction to a vital subject very few Americans understand-the constitutional status of American Indians Few American s know that Indian tribes have a legal status unique among America's distinct racial and ethnic groups: they are sovereign governments who engage in relations with Congress. This peculiar arrangement has led to frequent legal and political disputes-indeed, the history of American Indians and American law has been one of clashing values and sometimes uneasy compromise. In this clear-sighted account, American Indian scholar N. Bruce Duthu explains the landmark cases in Indian law of the past two centuries. Exploring subjects as diverse as jurisdictional authority, control of environmental resources, and the regulations that allow the operation of gambling casinos, American Indians and the Law gives us an accessible entry point into a vital facet of Indian history.

Author : Angelique Townsend EagleWoman,Stacy L. Leeds
Publisher : Unknown
Page : 225 pages
File Size : 53,8 Mb
Release : 2019
Category : Indians of North America
ISBN : 1611638968

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Mastering American Indian Law by Angelique Townsend EagleWoman,Stacy L. Leeds Pdf

This second edition keeps pace with legal developments in policy, federal law, and court decisions, while it continues to fill a unique niche as a primary and secondary text for courses in the field. Updates are provided for key developments such as the recent U.S. Supreme Court decision on tribal sovereign immunity and the release of the U.S. Bureau of Indian Affairs Guidelines on the interpretation of the Indian Child Welfare Act. A new chapter on Ethics and Professional Responsibility in Indian Law Practice is included. -- from publisher's website.

Author : Sidney L. Harring
Publisher : Cambridge University Press
Page : 322 pages
File Size : 53,8 Mb
Release : 1994-02-25
Category : History
ISBN : 0521467152

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Crow Dog's Case by Sidney L. Harring Pdf

The first social history of American Indians' role in the making of American law sheds new light on Native American struggles for sovereignty and justice during the "century of dishonor," a time when their lands were lost and their tribes reduced to reservations.

Author : Charles F. Wilkinson
Publisher : Yale University Press
Page : 244 pages
File Size : 53,9 Mb
Release : 1987-01-01
Category : History
ISBN : 0300153341

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American Indians, Time, and the Law by Charles F. Wilkinson Pdf

In 1959, the Supreme Court ushered in a new era of Indian law, which recognizes Indian tribes as permanent governments within the federal constitutional system and, on the whole, honors old promises to the Indians. Drawing together historical sources such as the records of treaty negotiations with the Indians, classic political theory on the nature of sovereignty, and anthropological studies of societal change, Wilkinson evaluates the Court's work in Indian law over the past twenty five years and considers the effects of time on law.

Author : United States. American Indian Policy Review Commission. Task Force Four, Federal, State, and Tribal Jurisdiction
Publisher : Unknown
Page : 270 pages
File Size : 45,5 Mb
Release : 1976
Category : Indians of North America
ISBN : PURD:32754061516682

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Report on Federal, State, and Tribal Jurisdiction by United States. American Indian Policy Review Commission. Task Force Four, Federal, State, and Tribal Jurisdiction Pdf

Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 54,8 Mb
Release : 2000-12
Category : Indian reservations
ISBN : 0898751519

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Indian Reservations by Anonim Pdf

Major questions have always existed concerning the role and status of Indian tribes and Indian peoples within the fabric of life in the United States. There is a relatively consistent body of law whose origins flow from precolonial America to the present day. This body of law is neither well-known nor well-understood by the American Public. Federal Indian law - or, more accurately, United States constitutional law concerning Indian tribes and individuals - is unique and separate from the rest of American jurisprudence. Analogies to general constitutional law, civil right law, public land law, and the like are misleading and often erroneous. Indian law is distinct. It encompassed Western European international law, specific provisions of the United States Constitution, precolonial treaties, treaties of the United States, an entire volume of the United States Code, and numerous decisions of the United States Supreme Court and lower federal courts.The nature of the federal, state, and tribal relationship was defined in a highly politicized setting, when the Supreme Court of the United States, led by chief Justice John Marshall, struck down an entire series of state statutes violative of tribal-state and tribal-federal relations. These cases established the principles that Indian tribes possessed sovereignty over their members and territory and that the federal government protects tribal sovereignty, land, and resources from states and non-Indian interests.The Supreme Court of the United States has specifically addressed the issue of whether specialized treatment of Indians by the federal government is unconstitutional racial discrimination. The clear answer of the Court was that it is not. For the purpose of dealing with the federal government, Indian tribes are not racial groupings but rather political groupings - governments.This directory provides a unique source of information on the land areas controlled by these governments that many citizens do not even realize exist.

Author : Justin Blake Richland,Sarah Deer
Publisher : Rowman & Littlefield
Page : 486 pages
File Size : 48,9 Mb
Release : 2010
Category : Law
ISBN : 0759112118

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Introduction to Tribal Legal Studies by Justin Blake Richland,Sarah Deer Pdf

This book is the only available comprehensive introduction to tribal law. It is an indispensable resource for students, tribal leaders, and professionals interested in the complicated relationship between tribal, federal, and state law.

Author : Felix S. Cohen,United States. Department of the Interior. Office of the Solicitor
Publisher : Unknown
Page : 662 pages
File Size : 48,6 Mb
Release : 1971
Category : Indians of North America
ISBN : OCLC:223192327

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Handbook of Federal Indian Law by Felix S. Cohen,United States. Department of the Interior. Office of the Solicitor Pdf

Author : Deloria Vine,Clifford M. Lytle
Publisher : Univ of TX + ORM
Page : 366 pages
File Size : 52,6 Mb
Release : 2010-06-28
Category : Law
ISBN : 9780292747821

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American Indians, American Justice by Deloria Vine,Clifford M. Lytle Pdf

This comprehensive overview of federal Indian law explores the context and complexities of modern Native American politics and legal rights. Both accessible and authoritative, American Indians, American Justice is an essential sourcebook for all concerned with the plight of the contemporary Indian. Beginning with an examination of the historical relationship of Indians and the courts, the authors describe how tribal courts developed and operate today, and how they relate to federal and state governments. They also define such key legal concepts as tribal sovereignty and Indian Country. By comparing and contrasting the workings of Indian and non-Indian legal institutions, the authors illustrate how Indian tribes have adapted their customs, values, and institutions to the demands of the modern world. They examine how attorneys and Indian advocates defend Indian rights; identify the typical challenges Indians face in the criminal and civil legal arenas; and explore the public policy and legal rights of Indians as regards citizenship, voting rights, religious freedom, and basic governmental services.

Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights
Publisher : Unknown
Page : 390 pages
File Size : 47,7 Mb
Release : 1965
Category : Indians of North America
ISBN : UCAL:$B643030

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Constitutional Rights of the American Indian by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights Pdf

Author : Petra T. Shattuck,Jill Norgren
Publisher : Berg Publishers
Page : 256 pages
File Size : 43,8 Mb
Release : 1992-01-01
Category : History
ISBN : 0854963421

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Partial Justice by Petra T. Shattuck,Jill Norgren Pdf

Should the law be praised or cursed for what it has done to the American Indian?Using American legal history, politics and jurisprudence, this study considers the degree to which American courts have maintained their autonomy and withstood political pressure, when the sovereignty and property rights of Native American tribes were at issue.In 1879, a chief of the Ponca tribe, when released from military custody by an order of a U.S. district court, pronounced the use of law "a better way" to redress Indian grievances. This study explores the development of legal doctrine affecting Native American tribes by courts and commissions in the United States beginning with seminal court cases of the early 19th century and continuing through to the 1980's. Whether the law ever was a better way for Native Americans is a question of fundamental importance not only with regard to the rights - or even the survival - of American Indian tribes but also with respect to the claim of the American legal system to be equally fair and just to all groups in society regardless of their economic and political power.

Author : Wilcomb E. Washburn
Publisher : Norman : University of Oklahoma Press
Page : 326 pages
File Size : 49,6 Mb
Release : 1995
Category : History
ISBN : 0806127406

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Red Man's Land/white Man's Law by Wilcomb E. Washburn Pdf

Red Man's Land/White Man's Law is a history of the legal status of the American Indians and their land from the period of first contact with Europeans down to the present day. It begins with the efforts of colonial authorities-Spanish, British, and French-to deal with tribal sovereignty and carries the discussion of U. S. -Indian legal relations through the nineteenth and twentieth centuries. Tribal sovereignty was eroded from the very beginning, but more recently it has emerged as a powerful force in American and Canadian law and touches upon many current legal issues, such as land allotment and land claims; definitions of Indian status; hunting, fishing, and water rights; and tribal relations with Congress, the Bureau of Indian Affairs, and the Canadian government. First published in 1971, this second edition contains a new preface and an extensive afterword discussing important legal events and issues in the last twenty-five years, making this a complete, up-to-date survey of legal relations between the United States and the American Indian.

Author : Justin B. Richland,Sarah Deer
Publisher : Rowman & Littlefield
Page : 537 pages
File Size : 55,6 Mb
Release : 2015-12-17
Category : Social Science
ISBN : 9781442232266

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Introduction to Tribal Legal Studies by Justin B. Richland,Sarah Deer Pdf

In clear and straightforward language, Justin B. Richland and Sarah Deer discuss the history and structure of tribal justice systems; the scope of criminal and civil jurisdictions; and the various means by which the integrity of tribal courts is maintained. This book is an indispensable resource for students, tribal leaders, and tribal communities interested in the complicated relationship between tribal, federal, and state law.

Author : David S. Case,David A. Voluck
Publisher : University of Alaska Press
Page : 520 pages
File Size : 42,8 Mb
Release : 2012-06-15
Category : Law
ISBN : 9781602231764

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Alaska Natives and American Laws by David S. Case,David A. Voluck Pdf

Now in its third edition, Alaska Natives and American Laws is still the only work of its kind, canvassing federal law and its history as applied to the indigenous peoples of Alaska. Covering 1867 through 2011, the authors offer lucid explanations of the often-tangled history of policy and law as applied to Alaska’s first peoples. Divided conceptually into four broad themes of indigenous rights to land, subsistence, services, and sovereignty, the book offers a thorough and balanced analysis of the evolution of these rights in the forty-ninth state. This third edition brings the volume fully up to date, with consideration of the broader evolution of indigenous rights in international law and recent developments on the ground in Alaska.