American Indians Time and the Law

all , composed of individual Indians and the legislation confers individual rights , " id . at 181 , thereby giving a ... For a reading of McClanahan as denigrating tribal sovereignty , see , e.g. , Martone , American Indian Tribal Self ...

Author: Charles F. Wilkinson

Publisher: Yale University Press

ISBN: 0300153341



View: 586


Readings in American Indian Law

These American Indian scholars bring a perspective to federal Indian law that is shifting it away from its focus on ... is about federal Indian law doctrine and the various historical forces that have shaped or scattered it over time .

Author: Jo Carrillo

Publisher: Temple University Press

ISBN: 1566395828

Category: History

Page: 353

View: 919


This collection of works many by Native American scholars introduces selected topics in federal Indian law. Readings in American Indian Law covers contemporary issues of identity and tribal recognition; reparations for historic harms; the valuation of land in land claims; the return to tribal owners of human remains, sacred items, and cultural property; tribal governance and issues of gender, democracy informed by cultural awareness, and religious freedom. Courses in federal Indian law are often aimed at understanding rules, not cultural conflicts. This book expands doctrinal discussions into understandings of culture, strategy, history, identity, and hopes for the future. Contributions from law, history, anthropology, ethnohistory, biography, sociology, socio-legal studies, and fiction offer an array of alternative paradigms as strong antidotes to our usual conceptions of federal Indian law. Each selection reveals an aspect of how federal Indian law is made, interpreted, implemented, or experienced. Throughout, the book centers on the ever present and contentious issue of identity. At the point where identity and law intersect lies an important new way to contextualize the legal concerns of Native Americans. Author note: Jo Carrillo is Visiting Professor of Law at Stanford Law School, where she is on leave from the University of California, Hastings College of Law.

The American Indian in Western Legal Thought

This Country Was Ours: A Documentary History of the American Indian. New York: Harper & Row, 1972. ... American Journal of International Law 29 (1935): 448–71. Wagner, H. R., and Parish, ... American Indians, Time and the Law.

Author: Robert A. Williams

Publisher: Oxford University Press on Demand

ISBN: 9780195080025

Category: History

Page: 352

View: 540


In The American Indian in Western Legal Thought Robert Williams, a legal scholar and Native American of the Lumbee tribe, traces the evolution of contemporary legal thought on the rights and status of American Indians and other indiginous tribal peoples. Beginning with an analysis of the medieval Christian crusading era and its substantive contributions to the West's legal discourse of h̀eathens' and ìnfidels', this study explores the development of the ideas that justified the New World conquests of Spain, England and the United States. Williams shows that long-held notions of the legality of European subjugation and colonization of s̀avage' and b̀arbarian' societies supported the conquests in America. Today, he demonstrates, echoes of racist and Eurocentric prejudices still reverberate in the doctrines and principles of legal discourse regarding native peoples' rights in the United States and in other nations as well.--

American Indian Tribal Law

“The theory of assimilation was used to justify the [allotment] legislation as beneficial to Indians. ... CHARLES F. WILKINSON, AMERICAN INDIANS, TIME, AND THE LAW 20-21 (1987). The changed demographics of Indian country, as well as the ...

Author: Matthew L.M. Fletcher

Publisher: Aspen Publishing

ISBN: 9781543817430

Category: Law

Page: 1188

View: 730


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 Indian Sovereignty and Law

Tribes have special status in the US. as separate sovereigns. Wilkinson, Charles F. American Indians, Time and the Law: Native Societies in a Modern Constitutional Democracy. New Haven, CT: Yale University Press, 1987.

Author: Wade Davies

Publisher: Scarecrow Press

ISBN: 9780810862364

Category: History

Page: 648

View: 730


American Indian Sovereignty and Law: An Annotated Bibliography covers a wide variety of topics and includes sources dealing with federal Indian policy, federal and tribal courts, criminal justice, tribal governance, religious freedoms, economic development, and numerous sub-topics related to tribal and individual rights. While primarily focused on the years 1900 to the present, many sources are included that focus on the 19th century or earlier. The annotations included in this reference will help researchers know enough about the arguments and contents of each source to determine its usefulness. Whenever a clear central argument is made in an article or book, it is stated in the entry, unless that argument is made implicit by the title of that entry. Each annotation also provides factual information about the primary topic under discussion. In some cases, annotations list topics that compose a significant portion of an author's discussion but are not obvious from the title of the entry. American Indian Sovereignty and Law will be extremely useful in both studying Native American topics and researching current legal and political actions affecting tribal sovereignty.

American Indians and the Law

See Charles F. Wilkinson, American Indians, Time, and the Law (New Haven: Yale University Press, 1987), 115. See Shenandoah v. Halbritter, 366 F.3d 89 (2nd Cir. 2004). (“If this danger exists in cases such as the instant one, ...

Author: N. Bruce Duthu

Publisher: Penguin

ISBN: 9781101157916

Category: History

Page: 304

View: 830


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 Indian Law Review

That McKenney ( like his predecessor John Mason ) did not always balance his accounts to the satisfaction of his detractors must be seen , as Viola wisely insists , within the context of the business ethics of the time , and a much less ...



ISBN: STANFORD:36105060244550

Category: Indians of North America

Page: 856

View: 150


American Indian Sovereignty and the U S Supreme Court

See especially Felix S. Cohen , Handbook of Federal Indian Law ( Washington : Government Printing Office , 1942 ; reprint ed . , Albuquerque : University of New Mexico Press , 1972 ) ; Charles F. Wilkinson , American Indians , Time ...

Author: David E. Wilkins

Publisher: University of Texas Press

ISBN: 0292791097

Category: Social Science

Page: 426

View: 329


Himself a Lumbee Indian and political scientist, David E. Wilkins charts the "fall in our democratic faith" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. These case studies--and their implications for all minority groups--are important and timely in the context of American government re-examining and redefining itself.

American Indians and the Trouble with Sovereignty

American Indians, Time, and the Law. New Haven: Yale University Press. Wortman, Dave, 2001. “Suburban Sprawl Hits Tribal Land,” High Country News, March 12. Wunder, John R., 1994. “Retained by the People”: A History of American Indians ...

Author: Kouslaa T. Kessler-Mata

Publisher: Cambridge University Press

ISBN: 9781108415866

Category: History


View: 103


Kessler-Mata argues for a constitutive theory of tribal sovereignty based on the interconnected relationships between tribes and non-federal governments.

American Indians at Risk 2 volumes

Partial Justice: Federal Indian Law in a Liberal Constitutional System. ... In Ethnicity, Race, and Crime: Perspectives across Time and Place, edited by Darnell F. Hawkins, 310–22. ... American Indians, Time, and the Law.

Author: Jeffrey Ian Ross Ph.D.

Publisher: ABC-CLIO

ISBN: 9780313397653

Category: Social Science

Page: 811

View: 131


This essential reference work enables a deeper understanding of contemporary challenges in the lives of American Indians and Alaskan Natives today, carefully reviewing their unique problems and proposing potential solutions. • Provides a current and comprehensive analysis of contemporary problems facing American Indians • Documents the challenges of American Indians, identifies how they are qualitatively different from those of other minority groups in the United States, and presents potential solutions • Evaluates the effectiveness of both proposed and implemented solutions to problems in American Indian culture • Written by experts on American Indian affairs, including many who have lived, worked, and taught in Indian country, and are American Indians themselves