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| Author | : David E. Wilkins |
| Publisher | : University of Texas Press |
| Total Pages | : 426 |
| Release | : 2010-01-01 |
| Genre | : Social Science |
| ISBN | : 0292774001 |
Download American Indian Sovereignty and the U.S. Supreme Court Book in PDF, ePub and Kindle
"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.
| Author | : David Eugene Wilkins |
| Publisher | : University of Oklahoma Press |
| Total Pages | : 340 |
| Release | : 2001 |
| Genre | : Social Science |
| ISBN | : 9780806133959 |
Download Uneven Ground Book in PDF, ePub and Kindle
In the early 1970s, the federal government began recognizing self-determination for American Indian nations. As sovereign entities, Indian nations have been able to establish policies concerning health care, education, religious freedom, law enforcement, gaming, and taxation. David E. Wilkins and K. Tsianina Lomawaima discuss how the political rights and sovereign status of Indian nations have variously been respected, ignored, terminated, and unilaterally modified by federal lawmakers as a result of the ambivalent political and legal status of tribes under western law.
| Author | : Bryan H. Wildenthal |
| Publisher | : Bloomsbury Publishing USA |
| Total Pages | : 376 |
| Release | : 2003-04-24 |
| Genre | : Social Science |
| ISBN | : 1576076253 |
Download Native American Sovereignty on Trial Book in PDF, ePub and Kindle
A survey of Native American tribal law and its place within the framework of the U.S. Constitution from colonial times to today's headlines. Using five major court cases, Native American Sovereignty on Trial examines American Indian tribal governments and how they relate to federal and state governments under the U.S. Constitution. From the foundational U.S. Supreme Court opinions of the 1830s, to the California State Gaming Propositions of 1998 and 2000, the impact and legacy of these court cases are fully explored. The actual text of key treaties, court decisions, and other legal documents pertaining to the five tribal controversies are featured and analyzed. Clearly presented, this in depth review of essential legal issues makes even the most difficult and complex judicial doctrines easy to understand by students and nonlawyers. This concise volume tracing the evolution of Native American sovereignty will supplement coursework in law, political science, U.S. history, and American Indian studies.
| Author | : M. T. Henderson |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 207 |
| Release | : 2022-11-11 |
| Genre | : Law |
| ISBN | : 1803925167 |
Download Native Americans and the Supreme Court Book in PDF, ePub and Kindle
Although Native Americans have been subjugated by every American government since The Founding, they have persevered and, in some cases, thrived. What explains the existence of separate, semi-sovereign nations within the larger American nation? In large part it has been victories won at the Supreme Court that have preserved the opportunity for Native Americans to ‘make their own laws and be ruled by them.’ The Supreme Court could have gone further, creating truly sovereign nations with whom the United States could have negotiated on an equal basis. The Supreme Court could also have done away with tribes and tribalism with the stroke of a pen. Instead, the Court set a compromise course, declaring tribes not fully sovereign but also something far more than a mere social club.
| Author | : John R. Wunder |
| Publisher | : Taylor & Francis |
| Total Pages | : 333 |
| Release | : 1999 |
| Genre | : Indians of North America |
| ISBN | : 0815336292 |
Download Native American Sovereignty Book in PDF, ePub and Kindle
First published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.
| Author | : Wade Davies |
| Publisher | : Scarecrow Press |
| Total Pages | : 649 |
| Release | : 2009-02-04 |
| Genre | : History |
| ISBN | : 0810862360 |
Download American Indian Sovereignty and Law Book in PDF, ePub and Kindle
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.
| Author | : Grant Christensen |
| Publisher | : Cambridge University Press |
| Total Pages | : 451 |
| Release | : 2019-12-12 |
| Genre | : History |
| ISBN | : 1108488536 |
Download Reading American Indian Law Book in PDF, ePub and Kindle
Approaches the study of Indian law through the lens of 16 of the most impactful law review articles.
| Author | : Sidney L. Harring |
| Publisher | : Cambridge University Press |
| Total Pages | : 322 |
| Release | : 1994-02-25 |
| Genre | : History |
| ISBN | : 9780521467155 |
Download Crow Dog's Case Book in PDF, ePub and Kindle
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.
| Author | : N. Bruce Duthu |
| Publisher | : Penguin |
| Total Pages | : 310 |
| Release | : 2008-01-31 |
| Genre | : History |
| ISBN | : 1101157917 |
Download American Indians and the Law Book in PDF, ePub and Kindle
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.
| Author | : Deloria Vine |
| Publisher | : University of Texas Press |
| Total Pages | : 366 |
| Release | : 2010-06-28 |
| Genre | : Law |
| ISBN | : 0292789475 |
Download American Indians, American Justice Book in PDF, ePub and Kindle
This comprehensive overview of federal Indian law explores the context and complexities of modern Native American politics and legal rights. Both accessible and authoritative, American Indians, American Justice is an essential sourcebook for all concerned with the plight of the contemporary Indian. Beginning with an examination of the historical relationship of Indians and the courts, the authors describe how tribal courts developed and operate today, and how they relate to federal and state governments. They also define such key legal concepts as tribal sovereignty and Indian Country. By comparing and contrasting the workings of Indian and non-Indian legal institutions, the authors illustrate how Indian tribes have adapted their customs, values, and institutions to the demands of the modern world. They examine how attorneys and Indian advocates defend Indian rights; identify the typical challenges Indians face in the criminal and civil legal arenas; and explore the public policy and legal rights of Indians as regards citizenship, voting rights, religious freedom, and basic governmental services.
