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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.
Approaches the study of Indian law through the lens of 16 of the most impactful law review articles.
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
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.
Canby?s American Indian Law in a Nutshell, Fourth Edition is a succinct but comprehensive treatment of federal Indian law, with emphasis on jurisdictional problems and the policies underlying them. Topics include the history of American Indian law and policy, the federal-tribal trust relationship, Indian tribal sovereignty, treaty rights, criminal and civil jurisdiction in Indian country, Indian civil rights, tribal water rights and hunting and fishing rights. All text is supported by citation of cases and statutes.
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.