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Tribes, Treaties, and Constitutional Tribulations

Author : Vine Deloria

Publisher : University of Texas Press

Page : 244 pages

File Size : 39,48 MB

Release : 2010-06-28

Category : Social Science

ISBN : 0292789459

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Book Description

"Federal Indian law . . . is a loosely related collection of past and present acts of Congress, treaties and agreements, executive orders, administrative rulings, and judicial opinions, connected only by the fact that law in some form has been applied haphazardly to American Indians over the course of several centuries. . . . Indians in their tribal relation and Indian tribes in their relation to the federal government hang suspended in a legal wonderland." In this book, two prominent scholars of American Indian law and politics undertake a full historical examination of the relationship between Indians and the United States Constitution that explains the present state of confusion and inconsistent application in U.S. Indian law. The authors examine all sections of the Constitution that explicitly and implicitly apply to Indians and discuss how they have been interpreted and applied from the early republic up to the present. They convincingly argue that the Constitution does not provide any legal rights for American Indians and that the treaty-making process should govern relations between Indian nations and the federal government.



American Indians, American Justice

Author : Deloria Vine

Publisher : Univ of TX + ORM

Page : 366 pages

File Size : 33,10 MB

Release : 2010-06-28

Category : Law

ISBN : 0292747829

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Book Description

This comprehensive overview of federal Indian law explores the context and complexities of modern Native American politics and legal rights. Both accessible and authoritative, American Indians, American Justice is an essential sourcebook for all concerned with the plight of the contemporary Indian. Beginning with an examination of the historical relationship of Indians and the courts, the authors describe how tribal courts developed and operate today, and how they relate to federal and state governments. They also define such key legal concepts as tribal sovereignty and Indian Country. By comparing and contrasting the workings of Indian and non-Indian legal institutions, the authors illustrate how Indian tribes have adapted their customs, values, and institutions to the demands of the modern world. They examine how attorneys and Indian advocates defend Indian rights; identify the typical challenges Indians face in the criminal and civil legal arenas; and explore the public policy and legal rights of Indians as regards citizenship, voting rights, religious freedom, and basic governmental services.



American Indian Politics and the American Political System

Author : David Eugene Wilkins

Publisher : Rowman & Littlefield

Page : 381 pages

File Size : 33,52 MB

Release : 2011

Category : History

ISBN : 1442203870

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Book Description

""This book is a lively and accessible account of the remarkably complex legal and political situation of American Indian tribes and tribal citizens (who are also U.S. citizens) David E. Wilkins and Heidi Kiiwetinepinesiik Stark have provided the g̀o-to' source for a clear yet detailed and sophisticated introduction to tribal soverignty and federal Indian policy. It is a valuable resource both for readers unfamiliar with the subject matter and for readers in Native American studies and related fields, who will appreciate the insightful and original scholarly analysis of the authors."--Thomas Biolsi, University of California at Berkeley" ""American Indian Politics and the American Political System is simply an indispensable compendium of fact and reason on the historical and modern landscape of American Indian law and policy. No teacher or student of American Indian studies, no policymaker in American Indian policy, and no observer of American Indian history and law should do without this book. There is nothing in the field remotely as comprehensive, usable, and balanced as Wilkins and Stark's work."--Matthew L.M. Fletcher, director of the Indigenous Law and Policy Center at Michigan State University College of Law" ""Wilkins has written the first general study of contemporary Indians in the United States from the disciplinary standpoint of political science. His inclusion of legal matters results in sophisticated treatment of many contemporary issues involving Native American governments and the government of the United States and gives readers a good background for understanding other questions. The writing is clear-not a minor matter in such a complex subject--and short case histories are presented, plus links (including websites) to many sources of information."--Choice



The Eastern Shawnee Tribe of Oklahoma

Author : Stephen Warren

Publisher : University of Oklahoma Press

Page : 479 pages

File Size : 40,21 MB

Release : 2017-10-16

Category : History

ISBN : 0806161000

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Book Description

Non-Indians have amassed extensive records of Shawnee leaders dating back to the era between the French and Indian War and the War of 1812. But academia has largely ignored the stories of these leaders’ descendants—including accounts from the Shawnees’ own perspectives. The Eastern Shawnee Tribe of Oklahoma focuses on the nineteenth- and twentieth-century experiences of the Eastern Shawnee Tribe, presenting a new brand of tribal history made possible by the emergence of tribal communities’ own research centers and the resources afforded by the digital age. Offering various perspectives on the history of the Eastern Shawnees, this volume combines essays by leading and emerging scholars of Shawnee history with contributions by Eastern Shawnee citizens and interviews with tribal elders. Editor Stephen Warren introduces the collection, acknowledging that the questions and concerns of colonizers have dominated the themes of American Indian history for far too long. The essays that follow introduce readers to the story of the Eastern Shawnees and consider treaties with the U.S. government, laws impacting the tribe, and tribal leadership. They analyze the Eastern Shawnees’ ways of telling the tribe’s stories, detail Shawnee experiences of federal boarding schools, and recount stories of their chiefs. The book concludes with five tribal members’ life histories, told in their own words. The Eastern Shawnee Tribe of Oklahoma is the culmination of years of collaboration between tribal citizens and Native as well as non-Native scholars. Providing a fuller, more nuanced, and more complete portrayal of Native American historical experiences, this book serves as a resource for both future scholars and tribal members to reconstruct the Eastern Shawnee past and thereby better understand the present. This book was made possible through generous funding from the Administration for Native Americans.



A Lawyer in Indian Country

Author : Alvin J. Ziontz

Publisher : University of Washington Press

Page : 319 pages

File Size : 35,13 MB

Release : 2011-03-01

Category : Biography & Autobiography

ISBN : 0295800208

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Book Description

In his memoir, Alvin Ziontz reflects on his more than thirty years representing Indian tribes, from a time when Indian law was little known through landmark battles that upheld tribal sovereignty. He discusses the growth and maturation of tribal government and the underlying tensions between Indian society and the non-Indian world. A Lawyer in Indian Country presents vignettes of reservation life and recounts some of the memorable legal cases that illustrate the challenges faced by individual Indians and tribes. As the senior attorney arguing U.S. v. Washington, Ziontz was a party to the historic 1974 Boldt decision that affirmed the Pacific Northwest tribes' treaty fishing rights, with ramifications for tribal rights nationwide. His work took him to reservations in Montana, Wyoming, and Minnesota, as well as Washington and Alaska, and he describes not only the work of a tribal attorney but also his personal entry into the life of Indian country. Ziontz continued to fight for tribal rights into the late 1990s, as the Makah tribe of Washington sought to resume its traditional whale hunts. Throughout his book, Ziontz traces his own path through this public history - one man's pursuit of a life built around the principles of integrity and justice.



Of Living Stone

Author : David E. Wilkins

Publisher : Fulcrum Publishing

Page : 553 pages

File Size : 37,6 MB

Release : 2024-04-16

Category : Social Science

ISBN : 1682754677

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Book Description

Of Living Stone: Perspectives on Continuous Knowledge and the Work of Vine Deloria, Jr. is a collection of new essays on the legacy of Vine Deloria, Jr., one of the most influential thinkers of our time. This insightful collection features more than thirty original pieces, bringing together Tribal leaders, artists, scientists, activists, scholars, legal experts, and humorists. A group of French scholars offers surprising perspectives on Deloria's continuing global influence. Readers will find thoughtful and creative views on his wide-ranging and world-changing body of work. Some build upon his ideas while others offer important criticisms. In addition to its content, this volume is unique in that it was designed to center the traditional exercise of continuous knowledge whereby information is routinely shared, considered, and pragmatically adapted as it flows between generations. In this way, people, ideas and traditions remain alive and relevant—not set in stone —as the past is honored by those living in the present as they prepare for the future. The book includes contributions from a number of remarkable individuals, including: Climate expert Margaret Redsteer (Crow) Melanie Yazzie (DinÉ), host of The Red Power Hour podcast Cheryl Crazy Bull (Sicangu Lakota), president of the American Indian College Fund Activists Faith Spotted Eagle (Yankton Dakota) and Lauren Schad (Cheyenne River Lakota) Writer and producer Migizi Pensoneau (Ponca/Ojibwe) Environmental scientists Kyle Whyte (Citizen Potawatomi) and Ryan Emanuel (Lumbee) Experts on Tribal Governance Deron Marquez (Yuhaaviatam of San Manuel), Frank Ettawageshik (Little Traverse Bay), Norbert Hill (Oneida), Megan Hill (Oneida), and Marty Case. Artists Cannupa Hanska Luger (MHA-Three Affiliated Tribes) and James Johnson (Tlingit) Legal Scholars Sarah Deer (Muscogee), Rebecca Tsosie (Yaqui descent), and Gabe Galanda (Round Valley) Archaeologist Paulette Steeves (Cree-Metis) Scholars of Indigenous Traditions Noenoe Silva (K&ānaka Maoli), Natalie Avalos (Chicana of Mexican Indigenous descent), Tom Holm (Cherokee), and Greg Cajete (Tewa-Santa Clara Pueblo). Time magazine named Vine Deloria, Jr. as one of the greatest thinkers of the twentieth century, and his research, writings, and teachings on history, law, religion, and science continue to influence generations of Indigenous peoples and their allies across the world. He authored many acclaimed books, including God Is Red; The Nations Within (with Clifford Lytle); Red Earth, White Lies; Spirit and Reason; and Custer Died for Your Sins.



A World Divided

Author : Eric D. Weitz

Publisher : Princeton University Press

Page : 574 pages

File Size : 11,72 MB

Release : 2021-06

Category : History

ISBN : 0691205140

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Book Description

A global history of human rights in a world of nations that grant rights to some while denying them to others Once dominated by vast empires, the world is now divided into some 200 independent countries that proclaim human rights—a transformation that suggests that nations and human rights inevitably develop together. But the reality is far more problematic, as Eric Weitz shows in this compelling global history of the fate of human rights in a world of nation-states. Through vivid histories from virtually every continent, A World Divided describes how, since the eighteenth century, nationalists have established states that grant human rights to some people while excluding others, setting the stage for many of today’s problems, from the refugee crisis to right-wing nationalism. Only the advance of international human rights will move us beyond a world divided between those who have rights and those who don't.



American Indian Sovereignty and Law

Author : Wade Davies

Publisher : Scarecrow Press

Page : 649 pages

File Size : 39,76 MB

Release : 2009-02-04

Category : History

ISBN : 0810862360

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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.



American Indian Treaties

Author : Francis Paul Prucha

Publisher : Univ of California Press

Page : 604 pages

File Size : 20,31 MB

Release : 2023-11-10

Category : History

ISBN : 0520919165

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Book Description

American Indian affairs are much in the public mind today—hotly contested debates over such issues as Indian fishing rights, land claims, and reservation gambling hold our attention. While the unique legal status of American Indians rests on the historical treaty relationship between Indian tribes and the federal government, until now there has been no comprehensive history of these treaties and their role in American life. Francis Paul Prucha, a leading authority on the history of American Indian affairs, argues that the treaties were a political anomaly from the very beginning. The term "treaty" implies a contract between sovereign independent nations, yet Indians were always in a position of inequality and dependence as negotiators, a fact that complicates their current attempts to regain their rights and tribal sovereignty. Prucha's impeccably researched book, based on a close analysis of every treaty, makes possible a thorough understanding of a legal dilemma whose legacy is so palpably felt today.



Treaties with American Indians [3 volumes]

Author : Donald L. Fixico

Publisher : Bloomsbury Publishing USA

Page : 1318 pages

File Size : 20,65 MB

Release : 2007-12-12

Category : Social Science

ISBN : 1576078817

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Book Description

This invaluable reference reveals the long, often contentious history of Native American treaties, providing a rich overview of a topic of continuing importance. Treaties with American Indians: An Encyclopedia of Rights, Conflicts, and Sovereignty is the first comprehensive introduction to the treaties that promised land, self-government, financial assistance, and cultural protections to many of the over 500 tribes of North America (including Alaska, Hawaii, and Canada). Going well beyond describing terms and conditions, it is the only reference to explore the historical, political, legal, and geographical contexts in which each treaty took shape. Coverage ranges from the 1778 alliance with the Delaware tribe (the first such treaty), to the landmark Worcester v. Georgia case (1832), which affirmed tribal sovereignty, to the 1871 legislation that ended the treaty process, to the continuing impact of treaties in force today. Alphabetically organized entries cover key individuals, events, laws, court cases, and other topics. Also included are 16 in-depth essays on major issues (Indian and government views of treaty-making, contemporary rights to gaming and repatriation, etc.) plus six essays exploring Native American intertribal relationships region by region.