Indigenous America: Sovereignty/Legal Issues

This book brings together for the first time the writings of tribal reform leaders, academics, and legal practitioners to offer a comprehensive overview of American Indian nations' constitutional reform processes and the rebuilding of native nations. From Publisher

Exploring the history of contemporary legal thought on the rights and status of the West's colonized indigenous tribal peoples, Williams here traces the development of the themes that justified and impelled Spanish, English, and American conquests of the New World. From Publisher

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 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. From Publisher

In this account, Native American scholar N. Bruce Duthu explains the landmark cases in Indian law of the past two centuries and demonstrates their common thread throughout history, giving us an accessible entry point into a vital facet of Indian history.--From Publisher

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.

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... 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. From Publisher

This book, which was written into the Congressional Record, has major implications for future relations between Indian tribes and the governments of the United States and other nations. It presents the strongest case ever made for Native American sovereignty. American history has finally been written--not from the European point of view--but from an Indian perspective. From Publisher

This is a reprint of the Handbook of Federal Indian Law, written by Felix S. Cohen while he was in the Office of the Solicitor at the Department of the Interior in 1942, and it includes the foreword by the Secretary of the Interior at the time, Harold L. Ickes.

Reflections on the role of the United States Department of Justice in enforcing the Indian Civil Rights Act

This book explains the history and expansion of Indian voting rights, with an emphasis on seventy cases based on the Voting Rights Act and/or the Equal Protection Clause. The authors describe the struggle to obtain Indian citizenship and the basic right to vote, then analyze the cases brought under the Voting Rights Act, From Publisher

Veteran legal counsel Stephen Pevar addresses the most significant legal issues facing Indians and Indian tribes, including tribal sovereignty, the federal trust responsibility, the regulation of non-Indians on reservations, Indian treaties, the Indian Civil Rights Act, the Indian Gaming Regulatory Act, and the Indian Child Welfare Act. From Publisher

Far more than a record of litigation, American Indians and the Fight for Equal Voting Rights paints a broad picture of Indian political participation by incorporating expert reports, legislative histories, newspaper accounts, government archives, and hundreds of interviews with tribal members. From Publisher

Exploring the formal and informal struggles over acknowledgment, Cramer argues that we cannot fully understand the process until we understand three contexts within which it operates: the growth of casino interests since 1988, the prevalence of racial attitudes concerning Indian identity, and the colonial legacy of U.S.-Indian law. From Publisher

The Third Space of Sovereignty offers fresh insights on such topics as the crucial importance of the formal end of treaty-making in 1871, indigenous responses to the prospect of U.S. citizenship in the 1920s, native politics during the tumultuous civil rights era of the 1960s, the question of indigenousness in the special election of California’s governor in 2003, and the current issues surrounding gaming and casinos. From Publisher

In the “tribal moment in American politics,” which occurred from the 1950s to the mid- to late-1970s, American Indians waged civil disobedience for tribal self-determination and fought from within the U.S. legal and political systems. From Publisher

From table of contents: From savage international actors to ungrateful noble Indians -- Wrapping up indigenous nations within the U.S. domestic polity -- Indigenous sovereignty and false dichotomies -- Normative assumptions of the Marshall court -- The Rehnquist court and the canons of destruction -- The Rehnquist legacy 1972-2005 -- Economic liberalism and sustainable colonization -- Misplaced blame? institutionally captured indigenous leaders

This book was commissioned to celebrate the 10 year anniversary of the National Museum of the American Indian. “Beginning in the 1960s, Native activists invoked America's growing commitment to social justice to restore broken treaties. Today, the reassertion of treaty rights and tribal self-determination is evident in renewed tribal political, economic, and cultural strength, as well as in reinvigorated nation-to-nation relations with the United States” From Publisher.

This engaging collection surveys and clarifies the complex issue of federal and state recognition for Native American tribal nations in the United States. Den Ouden and O'Brien gather focused and teachable essays on key topics, debates, and case studies. Written by leading scholars in the field, including historians, anthropologists, legal scholars, and political scientists, the essays cover the history of recognition, focus on recent legal and cultural processes, and examine contemporary recognition struggles nationwide. From Publisher

David E. Wilkins and K. Tsianina Lomawaima discuss how the political rights and sovereign status of Indian nations have variously been respected, ignored, terminated, and unilaterally modified by federal lawmakers as a result of the ambivalent political and legal status of tribes under western law. From Publisher