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: W. Dale Mason
Publisher: University of Oklahoma Press
Release Date: 2000
Genre: Social Science
Based on an award-winning dissertation, "Indian Gaming" examines the conflicts over the gaming operations of American Indian tribes, which have led to a new era of tribal autonomy. Also examined is the role of the United States Attorney's office and its authority on Indian lands. 20 illustrations. 2 maps.
Author: Ilya Somin
Publisher: University of Chicago Press
Release Date: 2016-11-29
In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market. In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed. Despite its outcome, the closely divided 5-4 ruling 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 public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.
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: 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: 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: 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: 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: Thomas Biolsi
Publisher: John Wiley & Sons
Release Date: 2008-04-15
Genre: Social Science
This Companion is comprised of 27 original contributions by leading scholars in the field and summarizes the state of anthropological knowledge of Indian peoples, as well as the history that got us to this point. Surveys the full range of American Indian anthropology: from ecological and political-economic questions to topics concerning religion, language, and expressive culture Each chapter provides definitive coverage of its topic, as well as situating ethnographic and ethnohistorical data into larger frameworks Explores anthropology’s contribution to knowledge, its historic and ongoing complicities with colonialism, and its political and ethical obligations toward the people 'studied'