Author: Ralph A. Rossum
Release Date: 2011
Explores the origins, arguments and impact of the landmark 1987 decision that reasserted the sovereignty of American Indian nations, barred states from interfering with tribes' sovereignty and opened the door for a boom in the Indian-gaming industry.
Author: Richard T. Schaefer
Release Date: 2008-03-20
Genre: Social Science
This three volume reference set offers a comprehensive look at the roles race and ethnicity play in society and in our daily lives. General readers, students, and scholars alike will appreciate the informative coverage of intergroup relations in the United States and the comparative examination of race and ethnicity worldwide. These volumes offer a foundation to understanding as well as researching racial and ethnic diversity from a multidisciplinary perspective. Over a hundred racial and ethnic groups are described, with additional thematic essays offering insight into broad topics that cut across group boundaries and which impact on society. The encyclopedia has alphabetically arranged author-signed essays with references to guide further reading. Numerous cross-references aid the reader to explore beyond specific entries, reflecting the interdependent nature of race and ethnicity operating in society. The text is supplemented by photographs, tables, figures and custom-designed maps to provide an engaging visual look at race and ethnicity. An easy-to-use statistical appendix offers the latest data with carefully selected historical comparisons to aid study and research in the area
Author: CQ Press
Publisher: C Q Press College
Release Date: 2005
Genre: Political Science
The 16 CQ Researcher articles reprinted in this book are reproduced essentially as they appeared when first published in this weekly U.S. policy brief. Each article chronicles and analyzes past legislative and judicial action in addition to current and possible future maneuvering. In the second edition, more that half of the reports are new, while
Author: Ilya Somin
Publisher: University of Chicago Press
Release Date: 2015-05-28
On June 23, 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in the Fort Trumbull area in order to promote ?economic development” by transferring them to a new private owner. The use of eminent domain to take private property for public works is generally considered a permissible ?public use” under the Fifth Amendment. In New London, however, the land was condemned to pursue private economic development. When the Supreme Court upheld these takings in Kelo v. City of New London it empowered the grasping hand of the state and enfeebled the invisible hand of the market. In this detailed analysis of one of the most contentious Supreme Court cases in modern times, Ilya Somin argues that Kelo represents a serious?and dangerous?error. Not only are economic development and closely related blight condemnations unconstitutional under both originalist and most ?living constitution” theories of legal interpretation, they also tend to victimize the poor and the politically weak, and to destroy more economic value than they create. Kelo exemplifies these patterns: the neighbors who chose to fight their evictions had little political power, while the influential Pfizer corporation played an important role in persuading officials to proceed with the project. In the end, the poorly conceived development plan failed: the condemned land lies empty to this day, occupied only by feral cats. A notably unpopular verdict, Kelo triggered an unprecedented political backlash, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new state laws turned out to impose few or no genuine constraints on the government's power to condemn property. The Kelo backlash led to significant progress, but not nearly as much as it would first appear. Despite its outcome, the closely divided 5?4 ruling in Kelo shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread opposition to economic development takings. With controversy over this issue sure to continue, The Grasping Hand offers a thorough analysis of the case alongside a broader history of the dispute over the meaning of public use and the use of eminent domain, and an evaluation of options for reform.
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: Frank Pommersheim
Publisher: Univ of California Press
Release Date: 1997-03-29
In this ambitious and moving book, Frank Pommersheim, who lived and worked on the Rosebud Sioux Indian Reservation for ten years, challenges the dominant legal history of American Indians and their tribes—a history that concedes far too much power to the laws and courts of the "conqueror." Writing from the perspective of the reservation and contemporary Indian life, Pommersheim makes an urgent call for the advancement of tribal sovereignty and of tribal court systems that are based on Indian culture and values. Taking as its starting point the cultural, spiritual, and physical nature of the reservation, Braid of Feathers goes on to trace the development of Indian law from the 1770s to the present. Pommersheim considers the meaning of justice from the indigenous point of view. He offers a trenchant analysis of the tribal courts, stressing the importance of language, narrative, and story. He concludes by offering a "geography of hope,"one that lies in the West, where Native Americans control a significant amount of natural resources, and where a new ethic of development and preservation is emerging within the dominant society. Pommersheim challenges both Indians and non-Indians to forge an alliance at the local level based on respect and reciprocity—to create solidarity, not undo difference.
Author: Ralph A. Rossum
Release Date: 2014
Genre: Biography & Autobiography
The first thorough, well-documented, and fair-minded evaluation of Justice Thomas's 500 written opinions during 25 years on the Supreme Court, and, the most complete examination of his consistent original general meaning approach to constitutional interpretation.
Author: Steven Andrew Light
Publisher: Univ Pr of Kansas
Release Date: 2005-09
Genre: Business & Economics
From Connecticut to California, Native American tribes have entered the gambling business, some making money and nearly all igniting controversy. The image of the "casino Indian" is everywhere. Some observers suspect corruption or criminal ties, or have doubts about tribal authenticity. Many tribes disagree, contending that Indian gaming has strengthened tribal governments and vastly improved the quality of reservation life for American Indians. This book provides the clearest and most complete account to date of the laws and politics of Indian gaming. Steven Light and Kathryn Rand explain how it has become one of today's most politically charged phenomena: at stake are a host of competing legal rights and political interests for tribal, state, and federal governments. As Indian gaming grows, policymakers struggle with balancing its economic and social costs and benefits. Light and Rand emphasize that tribal sovereignty is the very rationale that allows Indian gaming to exist, even though U.S. law subjects that sovereignty to strict congressional authority and compromised it even further through the Indian Gaming Regulatory Act of 1988. Their book describes Indian gaming and explores today's hottest political issues, from the Pequots to the Plains Indians, with examples that reflect a wide range of tribal experience: from hugely successful casinos to gambling halls with small markets and low grosses to tribes that chose not to pursue gaming. Throughout, they contend that tribal sovereignty is the key to understanding Indian gaming law and politics and guiding policy reform-and that Indian gaming even represents a unique opportunity for the emergence of tribal self-determination. As political pressure on tribes to concede to state interests grows, this book offers a practical approach to policy reform with specific recommendations for tribal, federal, state, and local policymakers. Meticulously argued, Indian Gaming and Tribal Sovereignty provides an authoritative look at one of today's most vexing issues, showing that it's possible to establish a level playing field for all concerned while recognizing the measure of sovereignty-and fairness-to which American Indians are entitled.
Author: David E. Wilkins
Publisher: University of Texas Press
Release Date: 2010-01-01
Genre: Social Science
"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: Guy Standing
Publisher: Yale University Press
Release Date: 2017-08-29
Genre: Business & Economics
Shouldn’t everyone receive a stake in society's wealth? Could we create a fairer world by guaranteeing income to all? What would this mean for our health, wealth, and happiness? Basic income is a revolutionary idea that guarantees regular, unconditional cash transfers from the government to all citizens. It is an acknowledgement that everyone plays a part in generating the wealth currently enjoyed by only a few and would rectify the recent breakdown in income distribution. Political parties across the world are now adopting this innovative policy and the idea generates headlines every day. Guy Standing has been at the forefront of thought surrounding basic income for the past thirty years, and in this book he covers in authoritative detail its effects on the economy, poverty, work, and labor; dissects and disproves the standard arguments against basic income; explains what we can learn from pilots across the world; and illustrates exactly why basic income has now become such an urgent necessity.