Indian Law Stories, penetrates the often complex and unfamiliar doctrine of federal Indian law, exposing the raw conflicts over sovereignty and property that shaped legal rulings. Fifteen distinguished authors describe gripping cases involving Indian nations over more than two centuries, each story emphasizing initiative in tribal communities and lawyering strategies that have determined the fate of nations.
Author: Carole E. Goldberg,Kevin K. Washburn,Philip P. Frickey
Publisher: Foundation Press
Mastering American Indian Law is a text designed to provide readers with an overview of the field. By framing the important eras of U.S. Indian policy in the Introductory Chapter, the text flows through historical up to contemporary developments in American Indian Law. This book will serve as a useful supplement to classroom instruction covering tribal law, federal Indian law and tribal-state relations. In ten chapters, the book has full discussions of a wide range of topics, such as: Chapter 2–American Indian Property Law; Chapter 3–Criminal Jurisdiction in Indian Country; Chapter 4–Tribal Government, Civil Jurisdiction and Regulation; Chapter 8–Tribal-State Relations; and Chapter 9–Sacred Sites and Cultural Property Protection. Throughout the text, explanations of the relevant interaction between tribal governments, the federal government and state governments are included in the various subject areas. In Chapter 10–International Indigenous Issues and Tribal Nations, the significant evolution of collective rights in international documents is focused upon as these documents may be relevant for tribal governments in relations with the United States. For Indian law courses, law school seminars on topics in American Indian Law, undergraduate and graduate level American Indian Studies classes, and those interested in the field, this book will provide an easy-to-read text meant to guide the reader through the historical to the contemporary on the major aspects of American Indian law and policy. This book is part of the Carolina Academic Press Mastering Series edited by Russell L. Weaver, University of Louisville School of Law.
Author: Angelique Townsend EagleWoman,Stacy L. Leeds
The hunt for beneficial owners is on. Like an elephant, the beneficial owner hides in the jungle of complex legal structures, waiting to be discovered by eager prosecutors. But what lies behind this metaphor? What is a Beneficial Owner? Is beneficial ownership a right? What does this right encompass? What is the value of this right compared to other rights? And if beneficial ownership is not a right, is it still a legally relevant relation? How do courts, namely the U.S. Supreme Court deal with the concept? When do Anglo-American judges and European scholars resort to the concept? This book approaches these questions from two perspectives: legal fundamentals and the field of U.S. federal Indian law. Both legal theories and case law are scrutinized with the aim to find a better understanding of the basic conception and characteristics of beneficial ownership. Federal Indian law has been chosen for the study of the concrete implications of the beneficial ownership concept in what Roscoe Pound referred to as “the law in action.” To some, this choice of legal field might seem somewhat unusual. What answers could federal Indian law possibly offer with regard to pressing questions from the financial industry? As always, there is a short and a long answer. The short answer is that the analysis of an equally sophisticated field of law can open new perspectives on a given field of law. For example, not only potential criminals and tax evaders but also members of an older civilization are beneficial owners. The long answer can be found in this very book.
Basic and Federal Indian Law Aspects of a Concept
Author: Matthias Reinhard-DeRoo
Publisher: Springer Science & Business Media
This book provides the first comprehensive analysis of the impact of globalization on the Indian legal profession. Employing a range of original data from twenty empirical studies, the book details the emergence of a new corporate legal sector in India including large and sophisticated law firms and in-house legal departments, as well as legal process outsourcing companies. As the book's authors document, this new corporate legal sector is reshaping other parts of the Indian legal profession, including legal education, the development of pro bono and corporate social responsibility, the regulation of legal services, and gender, communal, and professional hierarchies with the bar. Taken as a whole, the book will be of interest to academics, lawyers, and policymakers interested in the critical role that a rapidly globalizing legal profession is playing in the legal, political, and economic development of important emerging economies like India, and how these countries are integrating into the institutions of global governance and the overall global market for legal services.
The Rise of the Corporate Legal Sector and its Impact on Lawyers and Society
Author: David B. Wilkins,Vikramaditya S. Khanna,David M. Trubek
Publisher: Cambridge University Press
This collection of works many by Native American scholars introduces selected topics in federal Indian law. Readings in American Indian Law covers contemporary issues of identity and tribal recognition; reparations for historic harms; the valuation of land in land claims; the return to tribal owners of human remains, sacred items, and cultural property; tribal governance and issues of gender, democracy informed by cultural awareness, and religious freedom. Courses in federal Indian law are often aimed at understanding rules, not cultural conflicts. This book expands doctrinal discussions into understandings of culture, strategy, history, identity, and hopes for the future. Contributions from law, history, anthropology, ethnohistory, biography, sociology, socio-legal studies, and fiction offer an array of alternative paradigms as strong antidotes to our usual conceptions of federal Indian law. Each selection reveals an aspect of how federal Indian law is made, interpreted, implemented, or experienced. Throughout, the book centers on the ever present and contentious issue of identity. At the point where identity and law intersect lies an important new way to contextualize the legal concerns of Native Americans. Author note: Jo Carrillo is Visiting Professor of Law at Stanford Law School, where she is on leave from the University of California, Hastings College of Law.
Recalling the Rhythm of Survival
Author: Jo Carrillo
Publisher: Temple University Press
This is an extensively researched reference book on Native American accomplishments. Topics covered include Native American contributions to the performing arts, literature, art, history, sports, politics, education, military service, environmental issues, and many other areas. This book also features lists of Native languages, stereotypes, and myths. In addition, the authors provide a range of resources, links, and websites for readers to learn even more about each topic.
Author: Arlene B. Hirschfelder,Paulette Fairbanks Molin
Publisher: Scarecrow Press
This federal Indian law casebook has an unprecedented focus on Native Nation-building, including cutting-edge materials on tribal economies and tribal justice systems unavailable elsewhere. The Seventh Edition retains classic material on the history of federal Indian law and policy, including the medieval origins of the "Doctrine of Discovery," and the shifting eras of Indian law leading to the current Nation-building era. The book covers the federal tribal relationship; tribal sovereignty and jurisdiction; Indian religion and culture; water rights; treaty rights; rights of Alaska natives and native Hawaiians; and international legal perspectives.
Author: David Getches,Charles Wilkinson,Kristen Carpenter,Robert Williams,Matthew Fletcher
Publisher: West Academic Publishing
In 1941, after decades of struggling to hold on to the remainder of their aboriginal home, the Hualapai Indians finally took their case to the Supreme Court?and won. The Hualapai case was the culminating event in a legal and intellectual revolution that transformed Indian law and ushered in a new way of writing Indian history that provided legal grounds for native land claims. But Making Indian Law is about more than a legal decision. It's the story of Hualapai activists, and eventually sympathetic lawyers, who challenged both the Santa Fe Railroad and the U.S. government to a courtroom showdown over the meaning of Indian property rights?and the Indian past. At the heart of the Hualapai campaign to save the reservation was documenting the history of Hualapai land use. Making Indian Law showcases the central role that the Hualapai and their lawyers played in formulating new understandings of native people, their property, and their past. To this day, the impact of the Hualapai decision is felt wherever and whenever indigenous land claims are litigated throughout the world.
The Hualapai Land Case and the Birth of Ethnohistory
Author: Christian W. McMillen
Publisher: Yale University Press
A century ago Americans were still moving west, settling in new states, establishing themselves in new environments. That pattern was followed by the grandparents, then by the parents of Robert L. Pirtle, the author of this autobiography. The eventual home of the authors parents and his family was Roswell, New Mexico, a sleepy little town in southeastern New Mexico. To begin with, however, the book traces the authors lineage, even including fascinating familial connections to the compilation of the King James Version of the Bible, to the Cherokee Indian Tribe and to the Commander of the Alamo. Readers will certainly enjoy the picture the author draws of small town America in the 1930s and 1940s, of the vicissitudes of growing up, of junior and senior high school days and high jinks. The author displayed an interest in fairness and justice from his earliest days; indeed he proposes that every child has an inherent instinct for justice. As the author moved through childhood and school years he encountered numerous incidents in which the concept of fairness played a decisive part. Though such incidents of childhood are of minimal significance, yet they play a part in shaping a childs character and perception of the world, and can lead to incidents of real significance in adulthood. The author describes incidents which did just that in his own life. In one instance the author shamefacedly admits being the cause of a hurtful injustice to others; yet that incident, too, played its part in his maturation. It is said, after all, that good judgment comes from experience and experience comes from bad judgment. By the time the author graduated from high school his interest in science in mathematics rose to the forefront of his mind and he entered Purdue University with a four-year scholarship from the University. Before the year was out, however, he knew he did not want to pursue science as a career and he switched to the University of Arizona where he majored in mathematics, his easiest subject, while he sampled the liberal arts and pondered what his life work would be. He first considered entering the ministry and becoming a Methodist Preacher, but little by little he decided that he could prove of greater help to people and especially to the cause of justice as a lawyer. Accordingly, his last year in the undergraduate program was his first year in the law school of the University of Arizona. After graduating he took his commission as a 2nd lieutenant in the United States Air Force, working as a mathematician at the Special Weapons Center of Kirtland Air Force Base in Albuquerque, New Mexico. The authors function was as target analyst, designing an atomic weapon delivery system for fighter aircraft. Fascinating is the authors description of his witnessing the explosion of an atomic bomb named Zucchini in Nevada in 1955. The author entered the University of Colorado upon completing his Air Force term and was hired by the largest law firm in Seattle, Holman, Mickelwait, Marion, Black & Perkins, upon his graduation from law school. During his brief Air Force career, The author had studied Shakespeare at the University of New Mexico, later entered into negotiations with the popular TV show The $64,000 Question, and was being scheduled to appear on the show after his graduation from law school. But the TV show collapsed after Charlie Van Doren, son of the internationally known Shakespeare scholar, Mark Van Doren, lied to a grand jury in New York concerning whether he had been fed answers when he appeared on the show. And a year or so of performing legal work for corporate clients discouraged the author to the point that he left the Firm and hung out his shingle as a sole practitioner, but simultaneously entered the graduate school of philosophy of the University of Washington, contemplating becoming a philosophy professor. In the end the author, d
Author: Robert L. Pirtle
Publisher: Xlibris Corporation
Category: Biography & Autobiography
Bestselling author Sherman Alexie tells the story of Junior, a budding cartoonist growing up on the Spokane Indian Reservation. Determined to take his future into his own hands, Junior leaves his troubled school on the rez to attend an all-white farm town high school where the only other Indian is the school mascot. Heartbreaking, funny, and beautifully written, The Absolutely True Diary of a Part-Time Indian, which is based on the author's own experiences, coupled with poignant drawings by Ellen Forney that reflect the character's art, chronicles the contemporary adolescence of one Native American boy as he attempts to break away from the life he was destined to live. With a forward by Markus Zusak, interviews with Sherman Alexie and Ellen Forney, and four-color interior art throughout, this edition is perfect for fans and collectors alike.
Author: Sherman Alexie
Publisher: Little, Brown Books for Young Readers
Category: Young Adult Fiction
Gender and Story in South India presents exciting ethnographic research by Indian women scholars on Hindu and Muslim women-centered oral narratives. The book is unique for its geographic and linguistic focus on South India, for its inclusion of urban and rural locales of narration, and for its exploration of shared Hindu and Muslim female space. Drawing on the worldviews of South Indian female narrators in both everyday and performative settings, the contributors lead readers away from customary and comfortable assumptions about gender distinctions in India to experience a more dialogical, poetically ordered moral universe that is sensitive to women's material and spiritual lives. Book jacket.
Author: Leela Prasad,Ruth B. Bottigheimer,Lalita Handoo
Publisher: SUNY Press
Category: Literary Collections
Presents one hundred term paper topics regarding American Indian history, from their relationships with early explorers to American legal disputes and battles, and modern civil rights activities.
Author: Patrick Russell LeBeau
Landmark court cases in the history of formal U.S. relations with Indian tribes are Corn Tassel, Standing Bear, Crow Dog, and Lone Wolf. Each exemplifies a problem or a process as the United States defined and codified its politics toward Indians. The importance of the Lone Wolf case of 1903 resides in its enunciation of the "plenary power" doctrine?that the United States could unilaterally act in violation of its own treaties and that Congress could dispose of land recognized by treaty as belonging to individual tribes. In 1892 the Kiowas and related Comanche and Plains Apache groups were pressured into agreeing to divide their land into allotments under the terms of the Dawes Act of 1887. Lone Wolf, a Kiowa band leader, sued to halt the land division, citing the treaties signed with the United States immediately after the Civil War. In 1902 the case reached the Supreme Court, which found that Congress could overturn the treaties through the doctrine of plenary power. As he recounts the Lone Wolf case, Clark reaches beyond the legal decision to describe the Kiowa tribe itself and its struggles to cope with Euro-American pressure on its society, attitudes, culture, economic system, and land base. The story of the case therefore also becomes the history of the tribe in the late nineteenth century. The Lone Wolf case also necessarily becomes a study of the Dawes Allotment Act of 1887 in operation; under the terms of the Dawes Act and successor legislation, almost two-thirds of Indian lands passed out of their hands within a generation. Understanding how this happened in the case of the Kiowa permits a nuanced view of the well-intentioned but ultimately disastrous allotment effort.
Treaty Rights and Indian Law at the End of the Nineteenth Century
Author: Blue Clark
Publisher: U of Nebraska Press
Author: Camilla Crosland
Category: London (England)
Crow Dog's Case is the first social history of American Indians' role in the making of American law. The book sheds new light on Native American struggles for sovereignty and justice in nineteenth century America. This "century of dishonor," a time when American Indians' lands were lost and their tribes reduced to reservations, provoked a wide variety of tribal responses. Some of the more successful responses were in the area of law, forcing the newly independent American legal order to create a unique place for Indian tribes in American law.
American Indian Sovereignty, Tribal Law, and United States Law in the Nineteenth Century
Author: Sidney L. Harring
Publisher: Cambridge University Press