American Indians And The Law

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American Indians and the Law

Author : N. Bruce Duthu
Publisher : Penguin
Page : 310 pages
File Size : 46,5 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.

American Indians, Time, and the Law

Author : Charles F. Wilkinson
Publisher : Yale University Press
Page : 244 pages
File Size : 42,7 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.

American Indians and State Law

Author : Deborah A. Rosen
Publisher : U of Nebraska Press
Page : 361 pages
File Size : 42,8 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.

The American Indian in Western Legal Thought

Author : Robert A. Williams Jr.
Publisher : Oxford University Press
Page : 365 pages
File Size : 45,9 Mb
Release : 1992-11-26
Category : Law
ISBN : 9780198021735

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The American Indian in Western Legal Thought by Robert A. Williams Jr. Pdf

Exploring the history of contemporary legal thought on the rights and status of the West's colonized indigenous tribal peoples, Williams here traces the development of the themes that justified and impelled Spanish, English, and American conquests of the New World.

American Indians and National Forests

Author : Theodore Catton
Publisher : University of Arizona Press
Page : 385 pages
File Size : 45,7 Mb
Release : 2016-03-24
Category : History
ISBN : 9780816531998

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American Indians and National Forests by Theodore Catton Pdf

Winner of the Forest History Society's 2017 Charles A. Weyerhaeuser Book Award American Indians and National Forests tells the story of how the U.S. Forest Service and tribal nations dealt with sweeping changes in forest use, ownership, and management over the last century and a half. Indians and U.S. foresters came together over a shared conservation ethic on many cooperative endeavors; yet, they often clashed over how the nation’s forests ought to be valued and cared for on matters ranging from huckleberry picking and vision quests to road building and recreation development. Marginalized in American society and long denied a seat at the table of public land stewardship, American Indian tribes have at last taken their rightful place and are making themselves heard. Weighing indigenous perspectives on the environment is an emerging trend in public land management in the United States and around the world. The Forest Service has been a strong partner in that movement over the past quarter century.

American Indian Tribal Law

Author : Matthew L.M. Fletcher
Publisher : Aspen Publishing
Page : 1188 pages
File Size : 49,9 Mb
Release : 2020-02-02
Category : Law
ISBN : 9781543817430

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American Indian Tribal Law by Matthew L.M. Fletcher Pdf

Nearly every American Indian tribe has its own laws and courts. Taken together, these courts decide thousands of cases. Many span the full panoply of law—from criminal, civil, and probate cases, to divorce and environmental disputes. American Indian Tribal Law, now in its Second Edition, surveys the full spectrum of tribal justice systems. With cases, notes, and historical context, this text is ideal for courses on American Indian Law or Tribal Governments—and an essential orientation to legal practice within tribal jurisdictions. New to the Second Edition: A new chapter on professional responsibility and the regulation of lawyers in tribal jurisdictions Enhanced materials on Indian child welfare Additional materials on tribal laws that incorporate Indigenous language and culture Additional examples from tribal justice systems and practice Recent and noteworthy cases from tribal courts Professors and students will benefit from: A broad survey of dispute resolution systems within tribal jurisdictions A review of recent flashpoints in tribal law, such as internal tribal political matters, including intractable citizenship and election disputes enhanced criminal jurisdiction over nonmembers and non-Indians tribal constitutional reform, including a case study on the White Earth Nation Cases and material reflecting a wide range of American Indian tribes and legal issues Excerpts and commentary from a wellspring of current scholarship

American Indians, American Justice

Author : Deloria Vine,Clifford M. Lytle
Publisher : Univ of TX + ORM
Page : 366 pages
File Size : 50,6 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.

Indian Law Stories

Author : Carole E. Goldberg,Kevin K. Washburn,Philip P. Frickey
Publisher : Foundation Press
Page : 0 pages
File Size : 52,9 Mb
Release : 2011
Category : Electronic books
ISBN : 1599417294

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Indian Law Stories by Carole E. Goldberg,Kevin K. Washburn,Philip P. Frickey Pdf

Softbound - New, softbound print book.

How the Indians Lost Their Land

Author : Stuart BANNER
Publisher : Harvard University Press
Page : 353 pages
File Size : 53,7 Mb
Release : 2009-06-30
Category : History
ISBN : 9780674020535

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How the Indians Lost Their Land by Stuart BANNER Pdf

Between the early 17th century and the early 20th, nearly all U.S. land was transferred from American Indians to whites. Banner argues that neither simple coercion nor simple consent reflects the complicated legal history of land transfers--time, place, and the balance of power between Indians and settlers decided the outcome of land struggles.

In the Courts of the Conquerer

Author : Walter Echo-Hawk
Publisher : Fulcrum Publishing
Page : 422 pages
File Size : 41,8 Mb
Release : 2018-03-26
Category : Law
ISBN : 9781555917883

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In the Courts of the Conquerer by Walter Echo-Hawk Pdf

Now in paperback, an important account of ten Supreme Court cases that changed the fate of Native Americans, providing the contemporary historical/political context of each case, and explaining how the decisions have adversely affected the cultural survival of Native people to this day.

Handbook of Federal Indian Law

Author : Felix S. Cohen,United States. Department of the Interior. Office of the Solicitor
Publisher : Unknown
Page : 662 pages
File Size : 43,6 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

American Indian Tribal Governments

Author : Sharon O'Brien
Publisher : University of Oklahoma Press
Page : 372 pages
File Size : 48,5 Mb
Release : 1993
Category : Social Science
ISBN : 0806125640

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American Indian Tribal Governments by Sharon O'Brien Pdf

This book describes the struggle of Indian tribes and their governments to achieve freedom and self-determination despite repeated attempts by foreign governments to dominate, exterminate, or assimilate them. Drawing on the disciplines of political science, history, law, and anthropology and written in a direct, readable style, American Indian Tribal Governments is a comprehensive introduction to traditional tribal governments, to the history of Indian-white relations, to the structure and legal rights of modern tribal governments, and to the changing roles of federal and state governments in relation to modem tribal governments. Publication of this book fills a gap in American Indian studies, providing scholars with a basis from which to begin an integrated study of tribal government, providing teachers with an excellent introductory textbook, and providing general readers with an accessible and complete introduction to American Indian history and government. The book's unique structure allows coverage of a great breadth of information while avoiding the common mistake of generalizing about all tribes and cultures. An introductory section presents the basic themes of the book and describes the traditional governments of five tribes chosen for their geographic and cultural diversity-the Senecas, the Muscogees, the Lakotas, the Isleta Pueblo, and the Yakimas. The next three chapters review the history of Indian-white relations from the time Christopher Columbus "discovered" America to the present. Then the history and modem government of each of the five tribes presented earlier is examined in detail. The final chapters analyze the evolution and current legal powers of tribal governments, the tribal-federal relationship, and the tribal-state relationship. American Indian Tribal Governments illuminates issues of tribal sovereignty and shows how tribes are protecting and expanding their control of tribal membership, legal systems, child welfare, land and resource use, hunting and fishing, business regulation, education, and social services. Other examples show tribes negotiating with state and federal governments to alleviate sources of conflict, including issues of criminal and civil jurisdiction, taxation, hunting and fishing rights, and control of natural resources. Excerpts from historical and modem documents and speeches highlight the text, and more than one hundred photos, maps, and charts show tribal life, government, and interaction with white society as it was and is. Included as well are a glossary and a chronology of important events.

American Indians and the Fight for Equal Voting Rights

Author : Laughlin McDonald
Publisher : University of Oklahoma Press
Page : 365 pages
File Size : 54,7 Mb
Release : 2014-10-20
Category : History
ISBN : 9780806186009

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American Indians and the Fight for Equal Voting Rights by Laughlin McDonald Pdf

The struggle for voting rights was not limited to African Americans in the South. American Indians also faced discrimination at the polls and still do today. This book explores their fight for equal voting rights and carefully documents how non-Indian officials have tried to maintain dominance over Native peoples despite the rights they are guaranteed as American citizens. Laughlin McDonald has participated in numerous lawsuits brought on behalf of Native Americans in Montana, Colorado, Nebraska, South Dakota, and Wyoming. This litigation challenged discriminatory election practices such as at-large elections, redistricting plans crafted to dilute voting strength, unfounded allegations of election fraud on reservations, burdensome identification and registration requirements, lack of language assistance, and noncompliance with the Voting Rights Act. McDonald devotes special attention to the VRA and its amendments, whose protections are central to realizing the goal of equal political participation. McDonald describes past and present-day discrimination against Indians, including land seizures, destruction of bison herds, attempts to eradicate Native language and culture, and efforts to remove and in some cases even exterminate tribes. Because of such treatment, he argues, Indians suffer a severely depressed socioeconomic status, voting is sharply polarized along racial lines, and tribes are isolated and lack meaningful interaction with non-Indians in communities bordering reservations. Far more than a record of litigation, American Indians and the Fight for Equal Voting Rights paints a broad picture of Indian political participation by incorporating expert reports, legislative histories, newspaper accounts, government archives, and hundreds of interviews with tribal members. This in-depth study of Indian voting rights recounts the extraordinary progress American Indians have made and looks toward a more just future.

Domestic Subjects

Author : Beth H. Piatote
Publisher : Yale University Press
Page : 241 pages
File Size : 43,8 Mb
Release : 2013-03-19
Category : History
ISBN : 9780300189094

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Domestic Subjects by Beth H. Piatote Pdf

Amid the decline of U.S. military campaigns against Native Americans in the late nineteenth century, assimilation policy arose as the new front in the Indian Wars, with its weapons the deployment of culture and law, and its locus the American Indian home and family. In this groundbreaking interdisciplinary work, Piatote tracks the double movement of literature and law in the contest over the aims of settler-national domestication and the defense of tribal-national culture, political rights, and territory.

Communities in Action

Author : National Academies of Sciences, Engineering, and Medicine,Health and Medicine Division,Board on Population Health and Public Health Practice,Committee on Community-Based Solutions to Promote Health Equity in the United States
Publisher : National Academies Press
Page : 583 pages
File Size : 46,9 Mb
Release : 2017-04-27
Category : Medical
ISBN : 9780309452960

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Communities in Action by National Academies of Sciences, Engineering, and Medicine,Health and Medicine Division,Board on Population Health and Public Health Practice,Committee on Community-Based Solutions to Promote Health Equity in the United States Pdf

In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.