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Includes: topical index alphabetical case index, federal rules index, and a synopsis section.
Tracing the history of U.S. Indian policy from the eighteenth century to the present, this book explores how the Euro-American ethos of Manifest Destiny fueled a devastating campaign of ethnic cleansing against Native Americans. After decimating the Indian population through organized massacres, the U.S. government forcibly removed the survivors from their homelands to live on reservations. Physical genocide gave way to attempts at cultural eradication through policies designed to Christianize and civilize the Indians. These policies included the traumatic separation of children from their families for indoctrination and abuse in remote boarding schools. Treaties and policies are linked to the concept of federal paternalism and its relationship to pervasive health and social problems endemic in Indian country, including substance abuse and addiction. The book is divided into three main parts. Part I covers the US government's treatment of Indians from the colonial era to the present. Part II describes how the Cherokees' aboriginal concept of blood vengeance gave way to justice models based on the Protestant ethic. Part II also discusses governmental restrictions of religious expression by Indians. Part III delves into the judicial system within Indian country, looking at tribal courts, the Navajo court system, law enforcement, and corrections. An epilogue covers the incompleteness of social justice in Indian country, as reflected in problems such as the misuse of Indian money by the federal government. A Burnham Publishers book
Religious exemptions have a long history in American law, but have become especially controversial over the last several years. The essays in this volume address the moral and philosophical issues that the legal practice of religious exemptions often raises.
Religion and religious diversity now occupy a central place in several prominent debates in contemporary political theory, such as those concerning the meaning(s) and relevance of secularism, the place of religious reasons in political deliberation, and whether religious beliefs and practices deserve special treatment by laws and public institutions. That religion has once again become a divisive topic amongst political theorists is perhaps surprising, given the widespread consensus about such staples of liberal political morality as the separation of church and state and the principle of religious freedom. Featuring the work of both established and up-and-coming scholars, this collection will take stock of the recent turn towards religion in political theory, identify some of the major unresolved challenges and issues, and suggest new avenues for theoretical inquiry. Taken as a whole, the collection showcases some cutting-edge work by leading scholars of religion and political theory and demonstrates the vitality of religion and political theory as a research agenda.
Reviews the judicial development of the free exercise of religion clause.