Author: Bethany Berger
Publisher: West Academic Publishing
Release Date: 2015-02-27
This casebook provides an introduction to the legal relationships between American Indian tribes, the federal government, individual states, and others. The foundational cases are incorporated with statutory text, background material, hypothetical questions, and discussion problems to structure the classroom experience and enhance student engagement. Historical materials are explained to highlight their modern relevance. The third edition includes expanded materials on law and order within Indian country, the Indian Child Welfare Act, and recent Executive Branch actions that increase tribal authority.
Author: Robert T. Anderson
Publisher: West Group
Release Date: 2008-05-16
This casebook provides a lucid introduction to the legal relationships between American Indian tribes and the federal government and the individual states. With original contextual material, the authors highlight the field's profound contradictions yet also emphasize its application and real world effects. The casebook incorporates the foundational cases with statutory text, hypothetical questions and other learning tools, and photographs and images to enhance student engagement. The chapters also highlight tribal actions that shaping and respond to the law, and include materials on tribal courts, constitutions, and other sovereign institutions. Throughout, students are exposed to differing scholarly views regarding the coherence and effects of this body of law.
Author: David S. Case
Publisher: University of Alaska Press
Release Date: 2012-06-15
Now in its third edition, Alaska Natives and American Laws is still the only work of its kind, canvassing federal law and its history as applied to the indigenous peoples of Alaska. Covering 1867 through 2011, the authors offer lucid explanations of the often-tangled history of policy and law as applied to Alaska’s first peoples. Divided conceptually into four broad themes of indigenous rights to land, subsistence, services, and sovereignty, the book offers a thorough and balanced analysis of the evolution of these rights in the forty-ninth state. This third edition brings the volume fully up to date, with consideration of the broader evolution of indigenous rights in international law and recent developments on the ground in Alaska.
Author: David H. Getches
Publisher: West Academic
Release Date: 2004-12-31
Part I covers the history of federal Indian law and policy, including material on the history of the European "Doctrine of Discovery" and American Indian rights; the formative years (1789?1871); and a century of shifting policy (1871?present). Part II covers federal Indian law in its contemporary perspective, including material on the following topics: the federal tribal relationship; tribal sovereignty, federal supremacy, and states' rights; the jurisdictional framework; criminal and civil court jurisdiction; taxation and regulation of reservation economic development; Indian religion and culture; water rights; fishing and hunting rights; rights of Alaska natives and native Hawaiians; and comparative and international legal perspectives.
Author: Martha Louise Hipp
Publisher: Bison Books
Release Date: 2019-05-01
Genre: Social Science
Sovereign Schools tells the epic story of one of the early battles for reservation public schools. For centuries indigenous peoples in North America have struggled to preserve their religious practices and cultural knowledge by educating younger generations but have been thwarted by the deeply corrosive effects of missionary schools, federal boarding schools, Bureau of Indian Affairs reservation schools, and off-reservation public schools. Martha Louise Hipp describes the successful fight through sustained Native community activism for public school sovereignty during the late 1960s and 1970s on the Shoshone and Arapaho tribes’ Wind River Indian Reservation in Wyoming. Parents and students at Wind River experienced sustained educational discrimination in their school districts, particularly at the high schools located in towns bordering the reservation, not least when these public schools failed to incorporate history and culture of the Shoshones and Arapahos into the curriculum. Focusing on one of the most significant issues of indigenous activism of the era, Sovereign Schools tells the story of how Eastern Shoshones and Northern Arapahos asserted tribal sovereignty in the face of immense local, state, and federal government pressure, even from the Nixon administration itself, which sent mixed signals to reservations by promoting indigenous “self-determination” while simultaneously impounding federal education funds for Native peoples. With support from the Coalition of Indian Controlled School Boards and the Episcopal Church, the Wind River peoples overcame federal and local entities to reclaim their reservation schools and educational sovereignty.
Author: Michael Lerma
Publisher: Oxford University Press
Release Date: 2017-01-16
Genre: Social Science
What do traditional Indigenous institutions of governance offer to our understanding of the contemporary challenges faced by the Navajo Nation today and tomorrow? Guided by the Mountains looks at the tensions between Indigenous political philosophy and the challenges faced by Indigenous nations in building political institutions that address contemporary problems and enact "good governance." Specifically, it looks at Navajo, or Diné, political thought, focusing on traditional Diné institutions that offer "a new (old) understanding of contemporary governance challenges" facing the Navajo Nation. Arguing not only for the existence but also the persistence of traditional Navajo political thought and policy, Guided by the Mountains asserts that "traditional" Indigenous philosophy provides a model for creating effective governance institutions that address current issues faced by Indigenous nations. Incorporating both visual interpretations and narrative accounts of traditional and contemporary Diné institutions of government from Diné philosophers, the book is the first to represent Indigenous philosophy as the foundation behind traditional and contemporary governance. It also explains how Diné governance institutions operated during Pre-Contact and Post-Contact times. This path-breaking book stands as the first-time normative account of Diné philosophy.
Author: Marilyn Norcini
Publisher: University of Arizona Press
Release Date: 2007
Genre: Social Science
Edward P. Dozier was the first American Indian to establish a career as an academic anthropologist. In doing so, he faced a double paradoxÑacademic and cultural. The notion of objectivity that governed academic anthropology at the time dictated that researchers be impartial outsiders. Scientific knowledge was considered unbiased, impersonal, and public. In contrast, DozierÕs Pueblo Indian culture regarded knowledge as privileged, personal, and gendered. Ceremonial knowledge was protected by secrecy and was never intended to be made public, either within or outside of the community. As an indigenous ethnologist and linguist, Dozier negotiated a careful balance between the conflicting values of a social scientist and a Pueblo Indian. Based on archival research, ethnographic fieldwork at Santa Clara Pueblo, and extensive interviews, this intellectual biography traces DozierÕs education from a Bureau of Indian Affairs day school through the University of New Mexico on federal reimbursable loans and graduate school on the GI Bill. Dozier was the first graduate of the new postÐWorld War II doctoral program in anthropology at the University of California at Los Angeles in 1952. Beginning with his multicultural and linguistic heritage, the book interprets pivotal moments in his career, including the impact of Pueblo kinship on his indigenous research at Tewa Village (Hano); his rising academic standing and Indian advocacy at Northwestern University; his achievement of full academic status after he conducted non-indigenous fieldwork with the Kalinga in the Philippines; and his leadership in establishing American Indian Studies at the University of Arizona. Norcini interprets DozierÕs career within the contexts of the history of American anthropology and Pueblo Indian culture. In the final analysis, Dozier is positioned as a transitional figure who helped transform the historical paradox of an American Indian anthropologist into the contemporary paradigm of indigenous scholarship in the academy.
Author: Judith V. Royster
Release Date: 2008
"This casebook explores issues relating to property rights, environmental protection, and natural resources in Indian country. The book covers tribal cultural and religious relationships with the land, fundamental principles of federal Indian law, land ownership and property rights of tribes, land use and environmental protection, natural resources development, taxation of lands and resources, water rights, usufructuary (hunting, fishing, gathering) rights, and international approaches to indigenous rights in land and natural resources. It is designed to be used in a stand-alone course or as a supplemental reader for courses in environmental law, natural resources law, or Native American studies.The second edition updates the casebook to include Supreme Court cases, such as the 2003 trust cases and the 2005 Sherrill case, as well as other judicial and legislative developments since 2002. The new edition also expands the materials on cultural and religious resources, natural resources damages, and international law; reorganizes the materials on water law; and includes the recent decision recognizing a right of habitat protection in treaties recognizing off-reservation fishing."