The Legal Conscience Selected Papers Of Felix S Cohen

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The Legal Conscience

Author : Lucy Kramer Cohen
Publisher : Unknown
Page : 0 pages
File Size : 49,8 Mb
Release : 1970
Category : Indians of North America
ISBN : OCLC:474787776

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The Legal Conscience by Lucy Kramer Cohen Pdf

The Legal Conscience

Author : Felix S. Cohen
Publisher : [Hamden, Conn.] : Archon Books
Page : 526 pages
File Size : 43,9 Mb
Release : 1970
Category : Law
ISBN : MINN:31951001848796Q

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The Legal Conscience by Felix S. Cohen Pdf

The Legal Conscience Selected Papers of Felix S Cohen - Scholar's Choice Edition

Author : Felix S. Cohen
Publisher : Scholar's Choice
Page : 534 pages
File Size : 51,7 Mb
Release : 2015-02-15
Category : Indians of North America
ISBN : 129802997X

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The Legal Conscience Selected Papers of Felix S Cohen - Scholar's Choice Edition by Felix S. Cohen Pdf

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

The Legal Conscience

Author : Felix S. Cohen
Publisher : Unknown
Page : 505 pages
File Size : 52,6 Mb
Release : 1960
Category : Indians of North America
ISBN : OCLC:1075645803

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The Legal Conscience by Felix S. Cohen Pdf

The Legal Conscience. Selected Papers of Felix S[olomon] Cohen. D. by Lucy Kramer Cohen... Introd. by Eugene V. Rostow

Author : Felix Solomon Cohen,Lucy Kramer Cohen,Eugene Victor Rostow
Publisher : Unknown
Page : 505 pages
File Size : 41,9 Mb
Release : 1960
Category : Electronic
ISBN : OCLC:490755644

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The Legal Conscience. Selected Papers of Felix S[olomon] Cohen. D. by Lucy Kramer Cohen... Introd. by Eugene V. Rostow by Felix Solomon Cohen,Lucy Kramer Cohen,Eugene Victor Rostow Pdf

Architect of Justice

Author : Dalia Tsuk Mitchell
Publisher : Cornell University Press
Page : 392 pages
File Size : 42,5 Mb
Release : 2007
Category : Biography & Autobiography
ISBN : 0801439566

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Architect of Justice by Dalia Tsuk Mitchell Pdf

A major figure in American legal history during the first half of the twentieth century, Felix Solomon Cohen (1907-1953) is best known for his realist view of the law and his efforts to grant Native Americans more control over their own cultural, political, and economic affairs. A second-generation Jewish American, Cohen was born in Manhattan, where he attended the College of the City of New York before receiving a Ph.D. in philosophy from Harvard University and a law degree from Columbia University. Between 1933 and 1948 he served in the Solicitor's Office of the Department of the Interior, where he made lasting contributions to federal Indian law, drafting the Indian Reorganization Act of 1934, the Indian Claims Commission Act of 1946, and, as head of the Indian Law Survey, authoring The Handbook of Federal Indian Law (1941), which promoted the protection of tribal rights and continues to serve as the basis for developments in federal Indian law.In Architect of Justice, Dalia Tsuk Mitchell provides the first intellectual biography of Cohen, whose career and legal philosophy she depicts as being inextricably bound to debates about the place of political, social, and cultural groups within American democracy. Cohen was, she finds, deeply influenced by his own experiences as a Jewish American and discussions within the Jewish community about assimilation and cultural pluralism as well the persecution of European Jews before and during World War II.Dalia Tsuk Mitchell uses Cohen's scholarship and legal work to construct a history of legal pluralism--a tradition in American legal and political thought that has immense relevance to contemporary debates and that has never been examined before. She traces the many ways in which legal pluralism informed New Deal policymaking and demonstrates the importance of Cohen's work on behalf of Native Americans in this context, thus bringing federal Indian law from the margins of American legal history to its center. By following the development of legal pluralism in Cohen's writings, Architect of Justice demonstrates a largely unrecognized continuity in American legal thought between the Progressive Era and ongoing debates about multiculturalism and minority rights today. A landmark work in American legal history, this biography also makes clear the major contribution Felix S. Cohen made to America's legal and political landscape through his scholarship and his service to the American government.

Architect of Justice

Author : Dalia Tsuk Mitchell
Publisher : Cornell University Press
Page : 383 pages
File Size : 42,6 Mb
Release : 2018-05-31
Category : Biography & Autobiography
ISBN : 9781501717161

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Architect of Justice by Dalia Tsuk Mitchell Pdf

A major figure in American legal history during the first half of the twentieth century, Felix Solomon Cohen (1907–1953) is best known for his realist view of the law and his efforts to grant Native Americans more control over their own cultural, political, and economic affairs. A second-generation Jewish American, Cohen was born in Manhattan, where he attended the College of the City of New York before receiving a Ph.D. in philosophy from Harvard University and a law degree from Columbia University. Between 1933 and 1948 he served in the Solicitor's Office of the Department of the Interior, where he made lasting contributions to federal Indian law, drafting the Indian Reorganization Act of 1934, the Indian Claims Commission Act of 1946, and, as head of the Indian Law Survey, authoring The Handbook of Federal Indian Law (1941), which promoted the protection of tribal rights and continues to serve as the basis for developments in federal Indian law.In Architect of Justice, Dalia Tsuk Mitchell provides the first intellectual biography of Cohen, whose career and legal philosophy she depicts as being inextricably bound to debates about the place of political, social, and cultural groups within American democracy. Cohen was, she finds, deeply influenced by his own experiences as a Jewish American and discussions within the Jewish community about assimilation and cultural pluralism as well the persecution of European Jews before and during World War II.Dalia Tsuk Mitchell uses Cohen's scholarship and legal work to construct a history of legal pluralism—a tradition in American legal and political thought that has immense relevance to contemporary debates and that has never been examined before. She traces the many ways in which legal pluralism informed New Deal policymaking and demonstrates the importance of Cohen's work on behalf of Native Americans in this context, thus bringing federal Indian law from the margins of American legal history to its center. By following the development of legal pluralism in Cohen's writings, Architect of Justice demonstrates a largely unrecognized continuity in American legal thought between the Progressive Era and ongoing debates about multiculturalism and minority rights today. A landmark work in American legal history, this biography also makes clear the major contribution Felix S. Cohen made to America's legal and political landscape through his scholarship and his service to the American government.

American Indian Sovereignty and the U.S. Supreme Court

Author : David E. Wilkins
Publisher : University of Texas Press
Page : 426 pages
File Size : 53,7 Mb
Release : 2010-01-01
Category : Social Science
ISBN : 9780292774001

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American Indian Sovereignty and the U.S. Supreme Court by David E. Wilkins Pdf

"Like the miner's canary, the Indian marks the shift from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the rise and fall in our democratic faith," wrote Felix S. Cohen, an early expert in Indian legal affairs. In this book, David Wilkins charts the "fall in our democratic faith" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. He offers compelling evidence that Supreme Court justices selectively used precedents and facts, both historical and contemporary, to arrive at decisions that have undermined tribal sovereignty, legitimated massive tribal land losses, sanctioned the diminishment of Indian religious rights, and curtailed other rights as well. These case studies—and their implications for all minority groups—make important and troubling reading at a time when the Supreme Court is at the vortex of political and moral developments that are redefining the nature of American government, transforming the relationship between the legal and political branches, and altering the very meaning of federalism.

Unearthing Indian Land

Author : Kristin T. Ruppel
Publisher : University of Arizona Press
Page : 242 pages
File Size : 44,5 Mb
Release : 2008-12-15
Category : Social Science
ISBN : 0816527113

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Unearthing Indian Land by Kristin T. Ruppel Pdf

Unearthing Indian Land offers a comprehensive examination of the consequencesof more than a century of questionable public policies. In this book,Kristin Ruppel considers the complicated issues surrounding American Indianland ownership in the United States. Under the General Allotment Act of 1887, also known as the Dawes Act,individual Indians were issued title to land allotments while so-called ÒsurplusÓIndian lands were opened to non-Indian settlement. During the forty-seven yearsthat the act remained in effect, American Indians lost an estimated 90 millionacres of landÑabout two-thirds of the land they had held in 1887. Worse, theloss of control over the land left to them has remained an ongoing and insidiousresult. Unearthing Indian Land traces the complex legacies of allotment, includingnumerous instructive examples of a policy gone wrong. Aside from the initialcatastrophic land loss, the fractionated land ownership that resulted from theactÕs provisions has disrupted native families and their descendants for morethan a century. With each new generation, the owners of tribal lands grow innumber and therefore own ever smaller interests in parcels of land. It is not uncommonnow to find reservation allotments co-owned by hundreds of individuals.Coupled with the federal governmentÕs troubled trusteeship of Indian assets,this means that Indian landowners have very little control over their own lands. Illuminated by interviews with Native American landholders, this book isessential reading for anyone who is interested in what happened as a result of thefederal governmentÕs quasi-privatization of native lands.

Jews and the Law

Author : Ari Mermelstein,Victoria Saker Woeste,Ethan Zadoff,Marc Galanter
Publisher : Quid Pro Books
Page : 337 pages
File Size : 52,8 Mb
Release : 2014-06-10
Category : Law
ISBN : 9781610272285

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Jews and the Law by Ari Mermelstein,Victoria Saker Woeste,Ethan Zadoff,Marc Galanter Pdf

Jews are a people of law, and law defines who the Jewish people are and what they believe. This anthology engages with the growing complexity of what it is to be Jewish — and, more problematically, what it means to be at once Jewish and participate in secular legal systems as lawyers, judges, legal thinkers, civil rights advocates, and teachers. The essays in this book trace the history and chart the sociology of the Jewish legal profession over time, revealing new stories and dimensions of this significant aspect of the American Jewish experience and at the same time exploring the impact of Jewish lawyers and law firms on American legal practice. “This superb collection reveals what an older focus on assimilation obscured. Jewish lawyers wanted to ‘make it,’ but they also wanted to make law and the legal profession different and better. These fascinating essays show how, despite considerable obstacles, they succeeded.” — Daniel R. Ernst Professor of Law, Georgetown University Law Center Author of Tocqueville’s Nightmare: The Administrative State Emerges in America, 1900-1940 “This fascinating collection of essays by distinguished scholars illuminates the distinctive and intricate relationship between Jews and law. Exploring the various roles of Jewish lawyers in the United States, Germany, and Israel, they reveal how the practice of law has variously expressed, reinforced, or muted Jewish identity as lawyers demonstrated their commitments to the public interest, social justice, Jewish tradition, or personal ambition. Any student of law, lawyers, or Jewish values will be engaged by the questions asked and answered.” — Jerold S. Auerbach Professor Emeritus of History, Wellesley College Author of Unequal Justice and Rabbis and Lawyers

On the Drafting of Tribal Constitutions

Author : Felix S. Cohen
Publisher : University of Oklahoma Press
Page : 248 pages
File Size : 48,5 Mb
Release : 2006
Category : History
ISBN : 0806138068

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On the Drafting of Tribal Constitutions by Felix S. Cohen Pdf

Felix Cohen (1907–1953) was a leading architect of the Indian New Deal and steadfast champion of American Indian rights. Appointed to the Department of the Interior in 1933, he helped draft the Indian Reorganization Act (1934) and chaired a committee charged with assisting tribes in organizing their governments. His “Basic Memorandum on Drafting of Tribal Constitutions,” submitted in November 1934, provided practical guidelines for that effort.

Reclaiming the Reservation

Author : Alexandra Harmon
Publisher : University of Washington Press
Page : 421 pages
File Size : 49,9 Mb
Release : 2019-07-26
Category : History
ISBN : 9780295745879

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Reclaiming the Reservation by Alexandra Harmon Pdf

In the 1970s the Quinault and Suquamish, like dozens of Indigenous nations across the United States, asserted their sovereignty by applying their laws to everyone on their reservations. This included arresting non-Indians for minor offenses, and two of those arrests triggered federal litigation that had big implications for Indian tribes’ place in the American political system. Tribal governments had long sought to manage affairs in their territories, and their bid for all-inclusive reservation jurisdiction was an important, bold move, driven by deeply rooted local histories as well as pan-Indian activism. They believed federal law supported their case. In a 1978 decision that reverberated across Indian country and beyond, the Supreme Court struck a blow to their efforts by ruling in Oliphant v. Suquamish Indian Tribe that non-Indians were not subject to tribal prosecution for criminal offenses. The court cited two centuries of US legal history to justify their decision but relied solely on the interpretations of non-Indians. In Reclaiming the Reservation, Alexandra Harmon delves into Quinault, Suquamish, and pan-tribal histories to illuminate the roots of Indians’ claim of regulatory power in their reserved homelands. She considers the promises and perils of relying on the US legal system to address the damage caused by colonial dispossession. She also shows how tribes have responded since 1978, seeking and often finding new ways to protect their interests and assert their sovereignty. Reclaiming the Reservation is the 2020 winner of the Robert G. Athearn Prize for a published book on the twentieth-century American West, presented by the Western History Association.

The Jews’ Indian

Author : David S. Koffman
Publisher : Rutgers University Press
Page : 287 pages
File Size : 53,9 Mb
Release : 2019-02-08
Category : History
ISBN : 9781978800885

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The Jews’ Indian by David S. Koffman Pdf

Winner of the 2020 Jordan Schnitzer Book Award in Social Science, Anthropology, and Folklore​ Honorable Mention, 2021 Saul Viener Book Prize​ The Jews’ Indian investigates the history of American Jewish relationships with Native Americans, both in the realm of cultural imagination and in face-to-face encounters. These two groups’ exchanges were numerous and diverse, proving at times harmonious when Jews’ and Natives people’s economic and social interests aligned, but discordant and fraught at other times. American Jews could be as exploitative of Native cultural, social, and political issues as other American settlers, and historian David Koffman argues that these interactions both unsettle and historicize the often triumphant consensus history of American Jewish life. Focusing on the ways Jewish class mobility and civic belonging were wrapped up in the dynamics of power and myth making that so severely impacted Native Americans, this books is provocative and timely, the first history to critically analyze Jewish participation in, and Jews’ grappling with the legacies of Native American history and the colonial project upon which America rests.

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 : 41,7 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

Making Indian Law

Author : Christian W. McMillen
Publisher : Yale University Press
Page : 305 pages
File Size : 50,8 Mb
Release : 2008-10-01
Category : Social Science
ISBN : 9780300135237

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Making Indian Law by Christian W. McMillen Pdf

In 1941, a groundbreaking U.S. Supreme Court decision changed the field of Indian law, setting off an intellectual and legal revolution that continues to reverberate around the world. This book tells for the first time the story of that case, United States, as Guardian of the Hualapai Indians of Arizona, v. Santa Fe Pacific Railroad Co., which ushered in a new way of writing Indian history to serve the law of land claims. Since 1941, the Hualapai case has travelled the globe. Wherever and whenever indigenous land claims are litigated, the shadow of the Hualapai case falls over the proceedings. Threatened by railroad claims and by an unsympathetic government in the post - World War I years, Hualapai activists launched a campaign to save their reservation, a campaign which had at its centre documenting the history of Hualapai land use. The book recounts how key individuals brought the case to the Supreme Court against great odds and highlights the central role of the Indians in formulating new understandings of native people, their property, and their past.