I've Been Here All the While


Book Description

Perhaps no other symbol has more resonance in African American history than that of "40 acres and a mule"—the lost promise of Black reparations for slavery after the Civil War. In I've Been Here All the While, we meet the Black people who actually received this mythic 40 acres, the American settlers who coveted this land, and the Native Americans whose holdings it originated from. In nineteenth-century Indian Territory (modern-day Oklahoma), a story unfolds that ties African American and Native American history tightly together, revealing a western theatre of Civil War and Reconstruction, in which Cherokee, Choctaw, Chickasaw, Creek, and Seminole Indians, their Black slaves, and African Americans and whites from the eastern United States fought military and rhetorical battles to lay claim to land that had been taken from others. Through chapters that chart cycles of dispossession, land seizure, and settlement in Indian Territory, Alaina E. Roberts draws on archival research and family history to upend the traditional story of Reconstruction. She connects debates about Black freedom and Native American citizenship to westward expansion onto Native land. As Black, white, and Native people constructed ideas of race, belonging, and national identity, this part of the West became, for a short time, the last place where Black people could escape Jim Crow, finding land and exercising political rights, until Oklahoma statehood in 1907.




American Indians and the Rhetoric of Removal and Allotment


Book Description

Jason Edward Black examines the ways the US government’s rhetoric and American Indian responses contributed to the policies of Native–US relations throughout the nineteenth century’s removal and allotment eras. Black shows how these discourses together constructed the perception of the US government and of American Indian communities. Such interactions—though certainly not equal—illustrated the hybrid nature of Native–US rhetoric in the nineteenth century. Both governmental, colonizing discourse and indigenous, decolonizing discourse shaped arguments, constructions of identity, and rhetoric in the colonial relationship. American Indians and the Rhetoric of Removal and Allotment demonstrates how American Indians decolonized dominant rhetoric through impeding removal and allotment policies. By turning around the US government’s narrative and inventing their own tactics, American Indian communities helped restyle their own identities as well as the government’s. During the first third of the twentieth century, American Indians lobbied for the successful passage of the Indian Citizenship Act of 1924 and the Indian New Deal of 1934, changing the relationship once again. In the end, Native communities were granted increased rhetorical power through decolonization, though the US government retained an undeniable colonial influence through its territorial management of Natives. The Indian Citizenship Act and the Indian New Deal—as the conclusion of this book indicates—are emblematic of the prevalence of the duality of US citizenship that fused American Indians to the nation yet segregated them on reservations. This duality of inclusion and exclusion grew incrementally and persists now, as a lasting effect of nineteenth-century Native–US rhetorical relations.







How the Indians Lost Their Land


Book Description

Between the early 17th century and the early 20th, nearly all U.S. land was transferred from American Indians to whites. Banner argues that neither simple coercion nor simple consent reflects the complicated legal history of land transfers--time, place, and the balance of power between Indians and settlers decided the outcome of land struggles.




The Seminole Nation of Oklahoma


Book Description

When it adopted a new constitution in 1969, the Seminole Nation was the first of the Five Tribes in Oklahoma to formally reorganize its government. In the face of an American legal system that sought either to destroy its nationhood or to impede its self-government, the Seminole Nation tenaciously retained its internal autonomy, cultural vitality, and economic subsistence. Here, L. Susan Work draws on her experience as a tribal attorney to present the first legal history of the twentieth-century Seminole Nation. Work traces the Seminoles’ story from their removal to Indian Territory from Florida in the late nineteenth century to the new challenges of the twenty-first century. She also places the history of the Seminole Nation within the context of general Indian law and policy, thereby revealing common threads in the legal struggles and achievements of the Five Tribes, including their evolving relationships with both federal and state governments. As Work amply demonstrates, the history of the Seminole Nation is one of survival and rebirth. It is a dramatic story of an Indian nation overcoming formidable obstacles to move forward into the twenty-first century as a thriving sovereign nation.




Cases, Materials, and Problems in Property


Book Description

View or download the free 2016 Online Supplement for this product. To access an additional chapter section on estates, click here. Electronic teaching materials include the additional chapter section. This casebook raises interesting and challenging problems concerning the development of property law. Property concepts are introduced through cutting edge issues, such as intellectual property, rights of publicity, and ownership rights in the human body. Historical dimensions are presented through discussions of laws which formerly excluded certain individuals from most forms of ownership and property control, such as Native Americans, African Americans, and women. The text covers traditional topics: estates in land, landlord and tenant laws, transfers of property, private land use controls, and constitutional limitations on public land use controls. Most chapters are preceded by a concise summary of legal doctrines or common themes covered in the chapter. Explanatory Notes provide extensive explanations of cases and rules; they clarify complicated opinions with background information regarding the circumstances giving rise to the proceedings. Problems and Problem Notes take students beyond the realm of settled rules to generate analysis of the purpose behind the rules. This book also points students to relevant secondary sources for a broader understanding of property law. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.




The Invasion of Indian Country in the Twentieth Century


Book Description

The Invasion of Indian Country in the Twentieth Century, Second Edition is updated through the first decade of the twenty-first century and contains a new chapter challenging Americans--Indian and non-Indian--to begin healing the earth. This analysis of the struggle to protect not only natural resources but also a way of life serves as an indispensable tool for students or anyone interested in Native American history and current government policy with regard to Indian lands or the environment.




Comparative Perspectives on Communal Lands and Individual Ownership


Book Description

Comparative Perspectives on Communal Lands and Individual Ownership: Sustainable Futures addresses property and land title as central mechanisms governing access to communally-held land and resources. The collection assesses the effectiveness of property law and tenure models developed around concepts of individual ownership, for achieving long-term environmental and economic sustainability for indigenous peoples and local communities. It explores the momentum for change in the international realm, and then develops a comparative focus across Australia, North America, Africa, Peru, New Zealand and the Pacific region, examining the historical and current impacts of individuation of title on the customary law and practice of indigenous peoples and local communities. Themes of property, privatisation and sustainable communities are developed in theoretical analyses and case studies from these jurisdictions. The case studies throw into sharp relief how questions of land law and resources management should not be separated from wider issues about the long-term viability of communities. Comparative analysis allows consideration of how western models of land tenure and land title might better accommodate the exercise of traditional practices of indigenous peoples and local communities, while still promoting autonomy, choice and economic development. This volume will be of interest to scholars and professionals working in the fields of property law, land reform, policy and planning, indigenous law and customary law, environmental sustainability, development and resource management.




Indian Heirship Land Study


Book Description