The Indian Law Legacy of Thurgood Marshall


Book Description

The book tracks the development of Justice Thurgood Marshall's rationale and reason regarding Indian law. Drawing from Marshall's career preceding his appointment to the Supreme Court, it is anticipated that Marshall's views In Indian law would be consistent with his previous role as a champion of the disenfranchised in America.




The Indian Law Legacy of Thurgood Marshall


Book Description

The book tracks the development of Justice Thurgood Marshall's rationale and reason regarding Indian law. Drawing from Marshall's career preceding his appointment to the Supreme Court, it is anticipated that Marshall's views In Indian law would be consistent with his previous role as a champion of the disenfranchised in America.







Thurgood Marshall


Book Description

This book provides a detailed examination of the life and legal legacy of Supreme Court Justice Thurgood Marshall, including a discussion of the many legal cases in which he was involved. Thurgood Marshall was the first African American Supreme Court Justice. As a lawyer, he won the Supreme Court Case Brown v. Board of Education of Topeka that integrated all public schools in the United States. But Marshall's contributions extend far beyond significantly advancing the civil rights movement in this nation. Thurgood Marshall: A Biography discusses the life of Supreme Court Justice Thurgood Marshall in a chronological fashion, and then discusses his legacy after death. Students at all grade levels—including undergraduate and graduate college students—as well as historians and general readers interested in African American history , civil rights, or the U.S. legal system will find this book insightful and useful.




The Marshall Trilogy and Federal Indian Law in 21st Century High School U.S. History Textbooks: Progress Yet Little Has Changed


Book Description

This dissertation examines eight 21st century high school U.S. history textbooks for content and omission concerning American Indians. The focus of the inquiry is on the Marshall Trilogy cases and other federal Indian law cases. The Marshall Trilogy cases are three cases decided by the U.S. Supreme Court over 180 years ago that remain the foundational legal principles that guide governmental relations with Native peoples. The treatment afforded these cases is evaluated in light of a master national narrative for the United States. The Marshall Trilogy cases and the master national narrative have had and continue to have global consequences. The way federal Indian law is presented in textbooks impacts the way citizens treat American Indian peoples and their support for various foreign policy options. In addition, the content of high school history curriculum can affect the way students perceive history, Native America, and schooling. By examining history curriculum critically and establishing a truly inclusive narrative, the hope is that schooling and history become legitimate for all students. The primary approach is to use both a quantitative and qualitative critical content analysis using an indigenized critical discourse approach. Generally, the analysis will move from the focused text within each textbook, to other text within each textbook, to text across the textbooks, and finally to larger socio-cultural phenomena. The APPRAISAL analysis (Coffin, 2006) allows a discerning of linguistic attributes that allows for the exposition of the narrative of the specific text concerning the Marshall Trilogy. The general content analysis is given a critical lens by Brayboy's Tribal Critical Theory (2005) and Grande's Red Pedagogy (2004). The curriculum work of Apple (2004) and Hall's (1986) exposition of Gramsci's hegemony add to our understanding of the nature of textbooks and the knowledge that counts for society. Fairclough's (1995) Dialectic-Relational Approach guides the study to determining whether there is a social wrong, and if so, what it is. The wrong is then examined to determine what obstacles are in the way of addressing the wrong and whether the society needs the wrong. Finally, various ways of correcting the social wrong are addressed.




Like a Loaded Weapon


Book Description

Robert A. Williams Jr. boldly exposes the ongoing legal force of the racist language directed at Indians in American society. Fueled by well-known negative racial stereotypes of Indian savagery and cultural inferiority, this language, Williams contends, has functioned “like a loaded weapon” in the Supreme Court’s Indian law decisions. Beginning with Chief Justice John Marshall’s foundational opinions in the early nineteenth century and continuing today in the judgments of the Rehnquist Court, Williams shows how undeniably racist language and precedent are still used in Indian law to justify the denial of important rights of property, self-government, and cultural survival to Indians. Building on the insights of Malcolm X, Thurgood Marshall, and Frantz Fanon, Williams argues that racist language has been employed by the courts to legalize a uniquely American form of racial dictatorship over Indian tribes by the U.S. government. Williams concludes with a revolutionary proposal for reimagining the rights of American Indians in international law, as well as strategies for compelling the current Supreme Court to confront the racist origins of Indian law and for challenging bigoted ways of talking, thinking, and writing about American Indians. Robert A. Williams Jr. is professor of law and American Indian studies at the James E. Rogers College of Law, University of Arizona. A member of the Lumbee Indian Tribe, he is author of The American Indian in Western Legal Thought: The Discourses of Conquest and coauthor of Federal Indian Law.




Indian Law/Race Law


Book Description

This intricate volume reviews the historical development of the discriminatory body of law that applies to the indigenous peoples of the Western Hemisphere, beginning with the papal bull Inter Caetera of 1493 and ending with the recent developments of the United Nations' Working Group on Indigenous Populations. James Falkowski explains how the legal system of the European colonizers, which was later adopted by the European settler population, developed special doctrines that applied only to the indigenous peoples and legalized the erosion of the rights of the vanishing race. Falkowski demonstrates how two systems of law--one applying to civilized peoples, and the other to the backwards races--were devised and justified. The author traces the development of The Sacred Trust of Civilization from its origin in the writings of Spaniard Francisco de Victoria and the Englishman Edmund Burke, through its internationalization in the League of Nations' Native Inhabitants Clause, and the United Nations' Non-Self-Governing Territories provision. He evaluates the exclusion of the indigenous peoples from these protections through the rejection of the Belgian Thesis. Falkowski goes on to review the refinements in the separate body of law that applies to indigenous peoples by the ILO, and recent efforts by the Working Group on Indigenous Populations to remedy this situation. The author also examines the treatment of indigenous peoples by international courts and the United States Supreme Court. He rejects theories justifying overland colonization and proposes the reform of Indian law through the application of international human rights principles. The book contains the complete text of numerous important documents that pertain to the rights of indigenous peoples. Indian Law/Race Law will appeal to historians as well as those interested in Indian law, and the development of international and human rights law.




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.




American Indian Sovereignty and Law


Book Description

American Indian Sovereignty and Law: An Annotated Bibliography covers a wide variety of topics and includes sources dealing with federal Indian policy, federal and tribal courts, criminal justice, tribal governance, religious freedoms, economic development, and numerous sub-topics related to tribal and individual rights. While primarily focused on the years 1900 to the present, many sources are included that focus on the 19th century or earlier. The annotations included in this reference will help researchers know enough about the arguments and contents of each source to determine its usefulness. Whenever a clear central argument is made in an article or book, it is stated in the entry, unless that argument is made implicit by the title of that entry. Each annotation also provides factual information about the primary topic under discussion. In some cases, annotations list topics that compose a significant portion of an author's discussion but are not obvious from the title of the entry. American Indian Sovereignty and Law will be extremely useful in both studying Native American topics and researching current legal and political actions affecting tribal sovereignty.




Leveraging Legacies from Sports Mega-Events


Book Description

This volume offers a panoramic and interdisciplinary view of the growing field of Sports Mega-Event studies. Contributions explore leveraging strategies and the legacies from previous sports megas (London, Seoul, Sydney, Vancouver) and recent and future 'emerging' states and their hosting strategies (India, China, Qatar, Russia, Brazil).