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A powerful presentation of the impact of colonization of American Indian tribes on the safety of Native American women and the changes to address such violence under the Violence Against Women Act. This essential reading reviews through the voices and experiences of Native women the systemic reforms under the Act to remove barriers to justice and their safety. It places the historic changes witnessed over the last twenty years under the Act in the context of the tribal grassroots movement for safety of Native women. Legal practitioners, students and social justice advocates will find this book a powerful and inspirational resource to creating a more just, humane, and safer world.
More than one in three Native American or Alaska Native women will be raped at some point in their lives. Most do not seek justice because they known they will be met with inaction or indifference. As one support worker said, "Women don't report because it doesn't make a difference. Why report when you are just going to be revictimized?" Sexual violence against women is not only a criminal or social issue, it is a human rights abuse. This report unravels some of the reasons why Indigenous women in the USA are at such risk of sexual violence and why survivors are so frequently denied justice. Chronic under-resourcing of law enforcement and health services, confusion over jurisdiction, erosion of tribal authority, discrimination in law and practice, and indifference -- all these factors play a part. None of this is inevitable or irreversible. The voices of Indigenous women throughout this report send a message of courage and hope that change can and will happen.
Sharing Our Stories of Survival is a comprehensive treatment of the socio-legal issues that arise in the context of violence against native women--written by social scientists, writers, poets, and survivors of violence.
Winner of the Labriola Center American Indian National Book Award Despite what major media sources say, violence against Native women is not an epidemic. An epidemic is biological and blameless. Violence against Native women is historical and political, bounded by oppression and colonial violence. This book, like all of Sarah Deer’s work, is aimed at engaging the problem head-on—and ending it. The Beginning and End of Rape collects and expands the powerful writings in which Deer, who played a crucial role in the reauthorization of the Violence Against Women Act in 2013, has advocated for cultural and legal reforms to protect Native women from endemic sexual violence and abuse. Deer provides a clear historical overview of rape and sex trafficking in North America, paying particular attention to the gendered legacy of colonialism in tribal nations—a truth largely overlooked or minimized by Native and non-Native observers. She faces this legacy directly, articulating strategies for Native communities and tribal nations seeking redress. In a damning critique of federal law that has accommodated rape by destroying tribal legal systems, she describes how tribal self-determination efforts of the twenty-first century can be leveraged to eradicate violence against women. Her work bridges the gap between Indian law and feminist thinking by explaining how intersectional approaches are vital to addressing the rape of Native women. Grounded in historical, cultural, and legal realities, both Native and non-Native, these essays point to the possibility of actual and positive change in a world where Native women are systematically undervalued, left unprotected, and hurt. Deer draws on her extensive experiences in advocacy and activism to present specific, practical recommendations and plans of action for making the world safer for all.
The Rights of Indians and Tribes explains Federal Indian Law in a conversational manner, yet is highly authoritative, containing over 2000 footnotes with citations to relevant court decisions, statutes, and agency regulations. Since its initial publication in 1983 it has sold over 150,000 copies. It is user-friendly and particularly helpful for tribal advocates, students, government officials, lawyers, and members of the general public. The book uses a question-and-answer format and covers every important subject impacting Indians and tribes today and discusses which governments-tribal, state, and federal-have authority on Indian reservations. This fully-updated fifth edition provides a Foreword by John Echohawk, Director of the Native American Rights Fund, and covers the most significant legal issues facing Indians and Indian tribes. This includes the regulation of non-Indians on reservations, definitions of important legal terms, Indian treaties, the Indian Civil Rights Act, the Indian Gaming Regulatory Act, and the Indian Child Welfare Act.
This volume is an interdisciplinary exploration of our understanding of the causes and consequences of violence. Represented in its chapters are noted scholars from a variety of fields including psychology, anthropology, law, and literature. The contributions reflect a broad scope of inquiry and diverse levels of analysis. With an underlying evolutionary theme each of the contributors invoke their separate areas of expertise, offering empirical and theoretical insights to this complex subject. The multi-faceted aspect of the book is meant to engender new perspectives that will synthesize current knowledge and lead to a more nuanced understanding of an ever timely issue in human behavior. Of additional interest, is a foreword written by world renowned psychologist, Steven Pinker, and an afterword by noted evolutionary scholar, Richard Dawkins.
Tribal Criminal Law and Procedure examines complex Indian nations’ tribal justice systems, analyzing tribal statutory law, tribal case law, and the cultural values of Native peoples. Using tribal court opinions and tribal codes, it reveals how tribal governments use a combination of oral and written law to dispense justice and strengthen their nations and people. Carrie E. Garrow and Sarah Deer discuss the histories, structures, and practices of tribal justice systems, comparisons of traditional tribal justice with American law and jurisdictions, elements of criminal law and procedure, and alternative sentencing and traditional sanctions. New features of the second edition include new chapters on: · The Tribal Law and Order Act's Enhanced Sentencing Provisions · The Violence Against Women Act's Special Domestic Violence Criminal Jurisdiction · Tribal-State Collaboration Tribal Criminal Law and Procedure is an invaluable resource for legal scholars and students. The book is published in cooperation with the Tribal Law and Policy Institute (visit them at www.tlpi.org).
WINNER OF THE HILLMAN PRIZE FOR BOOK JOURNALISM, THE HELEN BERNSTEIN BOOK AWARD, AND THE LUKAS WORK-IN-PROGRESS AWARD * A NEW YORK TIMES TOP 10 BOOKS OF THE YEAR * NATIONAL BOOK CRITICS CIRCLE AWARD FINALIST * LOS ANGELES TIMES BOOK PRIZE FINALIST * ABA SILVER GAVEL AWARD FINALIST * KIRKUS PRIZE FINALIST NAMED ONE OF THE BEST BOOKS OF 2019 BY: Esquire, Amazon, Kirkus, Library Journal, Publishers Weekly, BookPage, BookRiot, Economist, New York Times Staff Critics “A seminal and breathtaking account of why home is the most dangerous place to be a woman . . . A tour de force.” -Eve Ensler "Terrifying, courageous reportage from our internal war zone." -Andrew Solomon "Extraordinary." -New York Times ,“Editors' Choice” “Gut-wrenching, required reading.” -Esquire "Compulsively readable . . . It will save lives." -Washington Post “Essential, devastating reading.” -Cheryl Strayed, New York Times Book Review An award-winning journalist's intimate investigation of the true scope of domestic violence, revealing how the roots of America's most pressing social crises are buried in abuse that happens behind closed doors. We call it domestic violence. We call it private violence. Sometimes we call it intimate terrorism. But whatever we call it, we generally do not believe it has anything at all to do with us, despite the World Health Organization deeming it a “global epidemic.” In America, domestic violence accounts for 15 percent of all violent crime, and yet it remains locked in silence, even as its tendrils reach unseen into so many of our most pressing national issues, from our economy to our education system, from mass shootings to mass incarceration to #MeToo. We still have not taken the true measure of this problem. In No Visible Bruises, journalist Rachel Louise Snyder gives context for what we don't know we're seeing. She frames this urgent and immersive account of the scale of domestic violence in our country around key stories that explode the common myths-that if things were bad enough, victims would just leave; that a violent person cannot become nonviolent; that shelter is an adequate response; and most insidiously that violence inside the home is a private matter, sealed from the public sphere and disconnected from other forms of violence. Through the stories of victims, perpetrators, law enforcement, and reform movements from across the country, Snyder explores the real roots of private violence, its far-reaching consequences for society, and what it will take to truly address it.