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: 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 Getches
Publisher: West Academic Publishing
Release Date: 2016-12-31
This federal Indian law casebook has an unprecedented focus on Native Nation-building, including cutting-edge materials on tribal economies and tribal justice systems unavailable elsewhere. The Seventh Edition retains classic material on the history of federal Indian law and policy, including the medieval origins of the "Doctrine of Discovery," and the shifting eras of Indian law leading to the current Nation-building era. The book covers the federal tribal relationship; tribal sovereignty and jurisdiction; Indian religion and culture; water rights; treaty rights; rights of Alaska natives and native Hawaiians; and international legal perspectives.
Author: Judith V. Royster
Release Date: 2017-04-26
Genre: Environmental law
This casebook explores issues relating to property rights, environmental protection, and natural resources in Indian country. The book explores 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 third edition updates the casebook to include recent Supreme Court cases as well as other judicial and legislative developments since 2008. The new edition also expands the materials on cultural and religious resources, the federal trust doctrine, the Cobell settlement, water rights settlements, natural resources damages, and international law.
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: Michael Lerma
Publisher: Oxford University Press
Release Date: 2017-01-16
Genre: Political 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: Deanna M. Kennedy
Publisher: University of Washington Press
Release Date: 2017-09-06
Genre: Business & Economics
American Indian business is booming. The number of American Indian� and Alaska Native�owned businesses increased by 15.3 percent from 2007 to 2012�a time when the total number of US businesses increased by just 2 percent�and receipts grew from $34.4 million in 2002 to $8.8 billion in 2012. Despite this impressive growth, there is an absence of small businesses on reservations, and Native Americans own private businesses at the lowest rate per capita for any ethnic or racial group in the United States. Many Indigenous entrepreneurs face unique cultural and practical challenges in starting, locating, and operating a business, from a perceived lack of a culture of entrepreneurship and a suspicion of capitalism to the difficulty of borrowing start-up funds when real estate is held in trust and cannot be used as collateral. This book provides an accessible introduction to American Indian businesses, business practices, and business education. Its chapters cover the history of American Indian business from early trading posts to today�s casino boom; economic sustainability, self-determination, and sovereignty; organization and management; marketing; leadership; human resource management; tribal finance; business strategy and positioning; American Indian business law; tribal gaming operations; the importance of economic development and the challenges of economic leakage; entrepreneurship; technology and data management; business ethics; service management; taxation; accounting; and health-care management. American Indian Business also furthers the inclusion of Indigenous perspectives in the study of American business practices in general and demonstrates the significant impact that American Indians have had on business, as well as their cultural contributions to management, leadership, marketing, economic development, and entrepreneurship.
Author: Kristin T. Ruppel
Publisher: University of Arizona Press
Release Date: 2008
Genre: Social Science
Unearthing Indian Land offers a comprehensive examination of the consequencesof more than a century of questionable public policies. In this book,Kristin Ruppel considers the complicated issues surrounding American Indianland ownership in the United States. Under the General Allotment Act of 1887, also known as the Dawes Act,individual Indians were issued title to land allotments while so-called ÒsurplusÓIndian lands were opened to non-Indian settlement. During the forty-seven yearsthat the act remained in effect, American Indians lost an estimated 90 millionacres of landÑabout two-thirds of the land they had held in 1887. Worse, theloss of control over the land left to them has remained an ongoing and insidiousresult. Unearthing Indian Land traces the complex legacies of allotment, includingnumerous instructive examples of a policy gone wrong. Aside from the initialcatastrophic land loss, the fractionated land ownership that resulted from theactÕs provisions has disrupted native families and their descendants for morethan a century. With each new generation, the owners of tribal lands grow innumber and therefore own ever smaller interests in parcels of land. It is not uncommonnow to find reservation allotments co-owned by hundreds of individuals.Coupled with the federal governmentÕs troubled trusteeship of Indian assets,this means that Indian landowners have very little control over their own lands. Illuminated by interviews with Native American landholders, this book isessential reading for anyone who is interested in what happened as a result of thefederal governmentÕs quasi-privatization of native lands.
Author: Donald S. Passman
Release Date: 2011
Wer eine Karriere im Musikgeschäft anstrebt, kommt an diesem Buch nicht vorbei! Ob bei der Planung eines Auftritts, bei Vertragsverhandlungen oder der Verwaltung der Finanzen - im Musikbusiness lauern viele rechtliche und finanzielle Fallen. Branchen-Kenner Wolfram Herrmann hat den US-Bestseller des Staranwalts Donald S. Passman auf die Musik-Szene in Deutschland, Österreich und der Schweiz übertragen. In diesem Ratgeber enthüllen die beiden Experten ihr umfangreiches Insiderwissen - fundiert und eingängig. "Hätte ich dieses Buch bereits zu Beginn meiner Karriere gehabt, wäre ich heute zehn Mal reicher und hätte ein Vermögen an Anwaltsgebühren gespart." Ed Bicknell, Manager der 'Dire Straits'
Publisher: Walter de Gruyter
Release Date: 2008-01-01
The Kirchner book deciphers more than 9,000 abbreviations of German legal terminology. There is hardly any legal text without abbreviations. And not only lawyers must know what they mean. Every citizen who wants to understand legal texts comes across these word fragments.
Author: Kathryn R. L. Rand
Release Date: 2008
"With more than 400 tribal casinos in 30 states generating more than $23 billion in annual revenue, Indian gaming is a rapidly growing industry that is here to stay. Subject to a complex federal regulatory scheme and myriad state and tribal regulations, Indian gaming also is a growing area of legal practice. A course in Indian gaming law has legal and political currency and thus can easily “connect” with students. But more than simply learning about current events, students should come away from a course on Indian gaming law with a critical understanding of perhaps the most important legal and policy issue facing tribes today, and with a deeper sense of how tribes – the “third sovereign” – interact with state and federal governments in the American political system. Indian Gaming Law: Cases and Materials is a casebook that allows instructors and students to achieve these important pedagogical goals.Indian Gaming Law: Cases and Materials provides a clear, comprehensive, and accessible platform designed specifically for Indian gaming law and similar courses. Written by a law professor and a professor of political science and public administration who are the co-directors of the Institute for the Study of Tribal Gaming Law and Policy and leading scholars in the field of tribal gaming, this casebook uniquely is informed by the reality that Indian gaming law and policy has evolved through political compromise as much as through litigation and law reform. The casebook therefore includes materials relevant to the key legal contexts of tribal gaming as well as the type and relative influence of extralegal variables that shape Indian gaming law.In this casebook, the authors fuse the necessary background on federal Indian law and the status of American Indian tribes in the American political system with legal approaches to regulating gambling, and provide a useful overarching theoretical approach grounded in tribal sovereignty. The casebook covers necessary background on federal Indian law and the legal doctrine of tribal sovereignty, as well as on the roots of Indian gaming in traditional tribal practices and the imperatives of reservation economic development; provides overviews of pre-statutory law and the genesis of the federal statutory framework governing Indian gaming in light of key court decisions; discusses how the federal classification scheme for tribal gaming creates the parameters for tribal-state relations, including compacting for casino-style gaming; and highlights such topics as the authority of the federal agency responsible for regulating Indian gaming and the authority for gaming on newly acquired lands. Materials include excerpts from relevant case law, statutes, and regulations alongside excerpts from books, journal articles, and testimony by key authorities in the field. And because Indian gaming is far from uniform, with significant variation by state and tribe, throughout the book the editors provide specific examples of tribal and state experiences with tribal gaming. To assist students in working through such complex issues, each chapter includes teaching problems and notes.The authors also provide an accompanying Instructor's Manual that contains additional specific suggestions for discussion topics and questions, group and individual exercises, web links to capture dynamic developments in Indian gaming, and supplementary background resources for instructors. Ideal for both new and experienced teachers, Indian Gaming Law: Cases and Materials effectively can be paired with the authors' legal resource book Indian Gaming Law and Policy."
Author: F. Michael Higginbotham
Release Date: 2010
Maintaining the easily readable style and tightly organized format of the first and second editions, the third edition of Race Law provides an in-depth examination of the issue of race in the American Legal process from the formation of the United States Constitution in 1787 to the present. In this book, Higginbotham combines a unique blend of moderately edited original source materials and scholarly analysis including historical background information, legislation, state and federal court decisions, commentary, biographical information, and questions. Fully revised and updated, the third edition offers important new material on race classification, reconstruction, reparations, citizenship, criminal justice, employment discrimination, affirmative action, and Supreme Court appointments. Higginbotham also explores the values of the individuals in power and probes how these values affected their choice of options. Race Law is divided into six parts: Analysis and Framework; Slavery; Reconstruction, Citizenship, and Sovereignty; Segregation; Attempted Eradication of Inequality; and Supreme Court Confirmation Controversies. While the material is presented primarily in chronological order, a few cases are strategically placed for pedagogical reasons consistent with the book's focus on values. This casebook is comprehensive in its coverage both as to time period (1787 to the present) and as to subject-matter (slavery, reconstruction, segregation, and attempted eradication as applied to African Americans, American Indians, Latinos/as, and Asian Americans). It includes all of the important cases and statutes pertaining to those subjects and groups. Although containing both cases and statutes, Race Law is an extremely readable casebook. Students love it because it reads like a novel rather than forty separate and distinct cases. This easily readable style is achieved by proceeding chronologically, by careful editing of each case, and by using introductions and conclusions for each case that allow for easy transitions between cases, and between cases and chapters. Race Law contains biographical information on individuals that played significant roles in the cases. Such information adds an element of reality to the theories being discussed. Race Law contains all of the fascinating stories that provide historical background to the cases and statutes. It is the only casebook that contains both cases and stories in one. Designed for those with limited exposure to the history of American race relations law, Race Law provides a unique introductory learning opportunity for law students, graduate students, and upper-division college students. The accompanying Teacher's Manual provides a detailed approach for each class session beginning with an introduction and an opening question, continuing with an in-depth examination of each assigned case, and concluding with a closing question and summary. An outline is provided for each class session, answers are provided for all suggested questions, and each case analysis includes facts, issue, holding, and rationale.