Readings In American Indian Law

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.

Approaches the study of Indian law through the lens of 16 of the most impactful law review articles.

American Indian Politics and the American Political System is the most comprehensive text written from a political science perspective. It analyzes the structures and functions of indigenous governments (including Alaskan Native communities and Hawaiian Natives) and the distinctive legal and political rights these nations exercise internally. It also examines the fascinating intergovernmental relationship that exists between native nations, the states, and the federal government. In the fourth edition, Wilkins and Stark analyze the challenges facing Indigenous nations as they develop new and innovative strategies to defend and demand recognition of their national character and rights. They also seeks to address issues that continue to plague many nations, such as notions of belonging and citizenship, implementation of governing structures and processes attentive to Indigenous political and legal traditions, and the promotion and enactment of sustainable practices that support our interdependence in an increasingly globalized world.

Telling the crucial and under-studied story of the U.S. legal doctrines that underpin the dispossession and domination of Indigenous peoples, this book enhances global Indigenous movements for self-determination. In this wide-ranging historical study of federal Indian law-the field of U.S. law related to Native peoples-attorney and educator Peter P. d'Errico argues that the U.S. government's assertion of absolute prerogative and unlimited authority over Native peoples and their lands is actually a suspension of law. Combining a deep theoretical analysis of the law with a historical examination of its roots in Christian civilization, d'Errico presents a close reading of foundational legal cases and raises the possibility of revoking the doctrine of domination. The book's larger context is the increasing frequency of Indigenous conflicts with nation-states around the world as ecological crises caused by industrial extraction impinge drastically on Indigenous peoples' existences. D'Errico rethinks the role of law in the global order-imagining an Indigenous nomos of the earth, an order arising from peoples and places rather than the existing hegemony of states.

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.

""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