Author : Nebraska. Department of Economic Development. Commission On Indian Affairs
Publisher :
Page : 34 pages
File Size : 30,42 MB
Release : 1984
Category : Indians of North America
ISBN :
Of major laws and cases affecting the legal status of Indian tribes of Nebraska, particularly as it relates to their sovereignty, relationship to the federal government, and to the State of Nebraska. This paper also deals with the history and status of the Santee Sioux, Winnebago, and Omaha tribes.
Author :
Publisher :
Page : 126 pages
File Size : 39,35 MB
Release : 1984
Category : Indians of North America
ISBN :
Author : Deborah A. Rosen
Publisher : U of Nebraska Press
Page : 361 pages
File Size : 13,99 MB
Release : 2007-01-01
Category : History
ISBN : 0803239688
American Indians and State Law examines the history of state and territorial policies, laws, and judicial decisions pertaining to Native Americans from 1790 to 1880. Belying the common assumption that Indian policy and regulation in the United States were exclusively within the federal government's domain, the book reveals how states and territories extended their legislative and judicial authority over American Indians during this period. Deborah A. Rosen uses discussions of nationwide patterns, complemented by case studies focusing on New York, Georgia, New Mexico, Michigan, Minnesota, Louisiana, and Massachusetts, to demonstrate the decentralized nature of much of early American Indian policy. This study details how state and territorial governments regulated American Indians and brought them into local criminal courts, as well as how Indians contested the actions of states and asserted tribal sovereignty. Assessing the racial conditions of incorporation into the American civic community, Rosen examines the ways in which state legislatures treated Indians as a distinct racial group, explores racial issues arising in state courts, and analyzes shifts in the rhetoric of race, culture, and political status during state constitutional conventions. She also describes the politics of Indian citizenship rights in the states and territories. Rosen concludes that state and territorial governments played an important role in extending direct rule over Indians and in defining the limits and the meaning of citizenship.
Author : Alan G. Gless
Publisher : Ohio University Press
Page : 337 pages
File Size : 18,95 MB
Release : 2008
Category : Electronic books
ISBN : 0821417878
In the aftermath of the Civil War, legislators in the Nebraska Territory grappled with the responsibility of forming a state government as well as with the larger issues of reconstructing the Union, protecting civil rights, and redefining federal-state relations. In the years that followed, Nebraskans coped with regional and national economic collapses. Nebraska women struggled for full recognition in the legal profession. Meyer v. Nebraska, a case involving a teacher in a one-room rural Nebraska schoolhouse, changed the course of American constitutional doctrine and remains one of the cornerstones of civil liberties law. And Roscoe Pound, a boy from Lincoln, went on to become one of the nation's great legal philosophers. Nebraska holds a prominent position in the field of Native American legal history, and the state's original inhabitants have been at the center of many significant developments in federal Indian policy. Nebraska Indian legal history is replete with stories of failure and success, heartache and triumph, hardship and hope. These stories are more than a mere record of the past, of treaties broken or trials won -- they are reminders of the ongoing and sometimes tense relations among the many peoples and nations that make up the heartland. Much of Nebraska law reflects mainstream American law, yet Nebraskans also have been open to experiment and innovation. The state revamped the legislative process by establishing the nation's only unicameral legislature and pioneered public employment collective bargaining and dispute resolution through its industrial relations commission and its relaxation of strict separation of powers. These seemingly contradictory trends, however, are but differing expressions of a single underlying principle inscribed in the state's motto: "Equality Before the Law."
Author : Mark R. Scherer
Publisher : U of Nebraska Press
Page : 196 pages
File Size : 50,82 MB
Release : 1999-01-01
Category : History
ISBN : 9780803242517
The Omaha Tribe of Nebraska has borne more than its fair share of the burden created by the federal government’s wildly vacillating Indian policy. Mark R. Scherer’s Imperfect Victories provides a detailed examination of the Omahas’ tenacious efforts to overcome the damaging effects of shifting directions in federal policy during the last fifty years. The Omahas’ struggles are particularly significant because the tribe often bore the initial impact of experimental legislation that would later be implemented nationally. Scherer details the disastrous consequences of postwar federal legislation that transferred control over Indian affairs to state authorities as a precursor to the wholesale termination of Indian tribalism. The legislation brought jurisdictional turmoil to the Omaha reservation and placed the Omahas in chronic conflict with local law enforcement agencies. As the tribe fought to become the first Indian group in the nation to escape the effects of that law through retrocession, they waged equally notable struggles for the redress of past wrongs with the Indian Claims Commission and in the federal courts. Scherer demonstrates that the Omahas’ successes in those campaigns have been at best imperfect victories, coming only after years of hardship and failing to eliminate many underlying tensions and problems.
Author : Francis Paul Prucha
Publisher : U of Nebraska Press
Page : 412 pages
File Size : 49,51 MB
Release : 2000-01-01
Category : Law
ISBN : 9780803287624
The third edition of this landmark work adds forty new documents, which cover the significant developments in American Indian affairs since 1988. Among the topics dealt with are tribal self-governance, government-to-government relations, religious rights, repatriation of human remains, trust management, health and education, federal recognition of tribes, presidential policies, and Alaska Natives.
Author : Joe Starita
Publisher : Macmillan + ORM
Page : 276 pages
File Size : 19,48 MB
Release : 2010-01-05
Category : History
ISBN : 1429953306
In 1877, Chief Standing Bear's Ponca Indian tribe was forcibly removed from their Nebraska homeland and marched to what was then known as Indian Territory (now Oklahoma), in what became the tribe's own Trail of Tears. "I Am a Man" chronicles what happened when Standing Bear set off on a six-hundred-mile walk to return the body of his only son to their traditional burial ground. Along the way, it examines the complex relationship between the United States government and the small, peaceful tribe and the legal consequences of land swaps and broken treaties, while never losing sight of the heartbreaking journey the Ponca endured. It is a story of survival---of a people left for dead who arose from the ashes of injustice, disease, neglect, starvation, humiliation, and termination. On another level, it is a story of life and death, despair and fortitude, freedom and patriotism. A story of Christian kindness and bureaucratic evil. And it is a story of hope---of a people still among us today, painstakingly preserving a cultural identity that had sustained them for centuries before their encounter with Lewis and Clark in the fall of 1804. Before it ends, Standing Bear's long journey home also explores fundamental issues of citizenship, constitutional protection, cultural identity, and the nature of democracy---issues that continue to resonate loudly in twenty-first-century America. It is a story that questions whether native sovereignty, tribal-based societies, and cultural survival are compatible with American democracy. Standing Bear successfully used habeas corpus, the only liberty included in the original text of the Constitution, to gain access to a federal court and ultimately his freedom. This account aptly illuminates how the nation's delicate system of checks and balances worked almost exactly as the Founding Fathers envisioned, a system arguably out of whack and under siege today. Joe Starita's well-researched and insightful account reads like historical fiction as his careful characterizations and vivid descriptions bring this piece of American history brilliantly to life.
Author : Ponca Tribe of Nebraska
Publisher :
Page : 16 pages
File Size : 46,51 MB
Release : 1936
Category : Constitutions
ISBN :
Author : Bruce E. Johansen
Publisher : Bloomsbury Publishing USA
Page : 423 pages
File Size : 26,11 MB
Release : 1998-02-24
Category : History
ISBN : 031300868X
Integrating American Indian law and Native American political and legal traditions, this encyclopedia includes detailed descriptions of nearly two dozen Native American Nations' legal and political systems such as the Iroquois, Cherokee, Choctaw, Navajo, Cheyenne, Creek, Chickasaw, Comanche, Sioux, Pueblo, Mandan, Wyandot, Powhatan, Mikmaq, and Yakima. Although not an Indian law casebook, this work does contain outlines of many major Indian law cases, congressional acts, and treaties. It also contains profiles of individuals important to the evolution of Indian law. This work will be of interest to scholars in several fields, including law, Native American studies, American history, political science, anthropology, and sociology.
Author : Bethany R. Berger
Publisher :
Page : 0 pages
File Size : 18,16 MB
Release : 2017
Category : Indians of North America
ISBN :
“There has long been speculation that the Supreme Court is hostile to Indian tribes. Between 1990 and 2015, tribal interests lost in 76.5 percent of Supreme Court cases distinctly affecting them; the loss rate rose to 82 percent in first decade of the Roberts Court. With four Indian law cases on the docket last year, Native communities were poised for disaster. Newspapers speculated on why tribes couldn’t win in the Supreme Court. By the end of June 2016, however, tribal interests had lost just one case, won two, and the Court split four-four in a fourth, affirming a lower court decision upholding tribal jurisdiction without opinion. One Term does not reverse a pattern of decades, and the Court remains a very dangerous place for Indian tribes. But together with other recent majority and dissenting opinions, the Term suggest a resurrection on the modern Court of an old idea: that tribes are a third sovereign in the federal system, and that this sovereignty has significant implications for statutory construction, federal common law, and even constitutional review. This shift is a product of a coordinated effort to familiarize justices with the modern reality of Native governments and highlight the connections between tribal status and the law affecting other sovereigns. It reflects as well that the newer members of the progressive wing come to the Court with more knowledge of federal Indian law than the last. Work remains to build a coherent theory of third sovereign status on the Court. Given the voting records of the current justices, moreover, a ninth justice, once confirmed, could often be a deciding vote. Voting in federal Indian law does not always accord with traditional progressive-conservative divides, so while a Trump administration nominee will likely tip this balance against tribes, it will not necessarily do so. The President-Elect himself has a dark history of levying false accusations and racial attacks against Indian tribes to protect his own casino interests. But while the Supreme Court is influenced by political tides, it is not the creature of them, and Chief Justice Roberts appears committed to maintaining this. 2016, therefore, remains evidence that the decades-long thumb on the scales against the third sovereign in the Supreme Court may, occasionally, be lifted.”
