Legislating Indian Country


Book Description

This book traces the history of injustices suffered by American Indians from the beginning of white contact in the 16th century through the present, identifying five unique epochs of U.S. Indian policy. The first section examines how the definition of Native Americans as a sub-species of human beings justified their harsh treatment and eradication from desirable lands in the emerging states, and the second addresses the further destruction of tribalism through Indian wars, the establishment of military-run concentration camps for uncooperative tribes, and the opening of Indian territories to non-Indian settlers. Subsequent sections detail a shift in policy from physical to cultural genocide: section three covers the legislation that set the stage for federally-controlled tribal administration, and the fourth section examines the 1950s attempt to dissolve tribes, forcing them into capitalist-based corporations with tribal members assigned stockholder status. The final section identifies a middle ground between the strict federal oversight posited by Indian Reorganization and the harsh policies of termination and relocation. Although the days of overt genocide are over, a more subtle form of exploitation continues today, evidenced by the current controversies surrounding the mismanagement of the Individual Indian Trust Fund, and the deliberate exploitation of gaming tribes by lobbyists and politicians. By providing insight into the history of this legislative trend, Legislating Indian Country points to new directions for the future of tribalism.




American Indian Law


Book Description

This casebook provides an introduction to the legal relationships between American Indian tribes, the federal government and the individual states. The foundational cases are incorporated with statutory text, background material, hypothetical questions, and discussion problems to enliven the classroom experience and enhance student engagement. The second edition includes expanded materials on gaming, international and comparative law, and more photographs, images, and suggestions for links to external sources.




Law and the American Indian


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Early California Laws and Policies Related to California Indians


Book Description

Created by the California Research Bureau at the request of Senator John L. Burton, this Web-site is a PDF document on early California laws and policies related to the Indians of the state and focuses on the years 1850-1861. Visitors are invited to explore such topics as loss of lands and cultures, the governors and the militia, reports on the Mendocino War, absence of legal rights, and vagrancy and punishment.




Federal Indian Law


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American Indian Law


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American Indians and the Law


Book Description

A perfect introduction to a vital subject very few Americans understand-the constitutional status of American Indians Few American s know that Indian tribes have a legal status unique among America's distinct racial and ethnic groups: they are sovereign governments who engage in relations with Congress. This peculiar arrangement has led to frequent legal and political disputes-indeed, the history of American Indians and American law has been one of clashing values and sometimes uneasy compromise. In this clear-sighted account, American Indian scholar N. Bruce Duthu explains the landmark cases in Indian law of the past two centuries. Exploring subjects as diverse as jurisdictional authority, control of environmental resources, and the regulations that allow the operation of gambling casinos, American Indians and the Law gives us an accessible entry point into a vital facet of Indian history.




Federal Indian Law


Book Description

"Until the Handbook of Federal Indian Law was issued by the Department of the Interior in 1942, no comprehensive guide to these was available. That work was principally the production of Felix S. Cohen, then assistant solicitor of the department.... It was acclaimed in the pages of this JOURNAL as 'a first class text on 'Indian Law.'' The acclaim was justified, unquestionably. The present work, prepared with an anonymity that defies a reviewer's attempt to attribute authorship, is stated in the preface to be 'a revision and updating through the year 1956' of Mr. Cohen's work. The revision has included a regrouping of the original twenty-three chapters into eleven, coupled with substantial rearrangement of part of the text. However, by use of the tables of contents of the two volumes, it is possible to follow the text of the old into its place in the new. The work of updating has been done thoroughly and conscientiously. This new volume is indispensable to the lawyer who may be concerned with Indian matters or who may wish to become informed concerning the law applicable to Indians." Maurice H. Merrill, American Bar Association Journal 44 (1958) 1072. xix, 1106 pp.