The Literary And Legal Genealogy Of Native American Dispossession

The Literary and Legal Genealogy of Native American Dispossession offers a unique interpretation of how literary and public discourses influenced three U.S. Supreme Court Rulings written by Chief Justice John Marshall with respect to Native Americans. These cases, Johnson v. M’Intosh (1823), Cherokee Nation v. Georgia (1831) and Worcester v. Georgia (1832), collectively known as the Marshall Trilogy, have formed the legal basis for the dispossession of indigenous populations throughout the Commonwealth. The Trilogy cases are usually approached as ‘pure’ legal judgments. This book maintains, however, that it was the literary and public discourses from the early sixteenth through to the early nineteenth centuries that established a discursive tradition which, in part, transformed the American Indians from owners to ‘mere occupants’ of their land. Exploring the literary genesis of Marshall’s judgments, George Pappas draws on the work of Michel Foucault, Edward Said and Homi Bhabha, to analyse how these formative U.S. Supreme Court rulings blurred the distinction between literature and law.

The Literary and Legal Genealogy of Native American Dispossession offers a unique interpretation of how literary and public discourses influenced three U.S. Supreme Court Rulings written by Chief Justice John Marshall with respect to Native Americans. These cases," Johnson v. M Intosh "(1823), "Cherokee Nation v. Georgia "(1831) and "Worcester v. Georgia "(1832), collectively known as the Marshall Trilogy, have formed the legal basis for the dispossession of indigenous populations throughout the Commonwealth. The Trilogy cases are usually approached as pure legal judgments. This book maintains, however, that it was the literary and public discourses from the early sixteenth through to the early nineteenth centuries that established a discursive tradition which, in part, transformed the American Indians from owners to mere occupants of their land. Exploring the literary genesis of Marshall s judgments, George Pappas draws on the work of Michel Foucault, Edward Said and Homi Bhabha, to analyze how these formative U.S. Supreme Court rulings blurred the distinction between literature and law. "

To read a crime novel today largely simulates the exercise of reading newspapers or watching the news. The speed and frequency with which today's bestselling works of crime fiction are produced allow them to mirror and dissect nearly contemporaneous socio-political events and conflicts. This collection examines this phenomenon and offers original, critical, essays on how national identity appears in international crime fiction in the age of populism and globalization. These essays address topics such as the array of competing nationalisms in Europe; Indian secularism versus Hindu communalism; the populist rhetoric tinged with misogyny or homophobia in the United States; racial, religious or ethnic others who are sidelined in political appeals to dominant native voices; and the increasing economic chasm between a rich and poor. More broadly, these essays inquire into themes such as how national identity and various conceptions of masculinity are woven together, how dominant native cultures interact with migrant and colonized cultures to explore insider/outsider paradigms and identity politics, and how generic and cultural boundaries are repeatedly crossed in postcolonial detective fiction.

Fresh new perspectives on the study of religion, ranging from SoulCycle to Mark Twain American Examples: New Conversations about Religion, Volume Two, is the second in a series of annual anthologies produced by the American Examples workshop hosted by the Department of Religious Studies at The University of Alabama. In the latest volume from this dynamic academic project, nine scholars with diverse topics and methodologies vividly reimagine the meaning of all three words in the phrase “American religious history.” The essays use case studies from America, broadly conceived, to ask trenchant theoretical questions that are of interest to scholars and students beyond the subfield of American religious history. Cody Musselman uses a Weberian analysis to explore questions of identity, authority, and authenticity in the world of SoulCycle while Zachary T. Smith finds commonality between the rhetoric and practices of scholarship and mixed martial arts. Erik Kline provides a new perspective on the psychedelic mysticism of the 1960s, and Brook Wilensky-Lanford takes stock of the cultural power of parody in Mark Twain’s last work of fiction. Christopher Cannon Jones examines the reciprocal relationship between religious texts and cultural contexts by comparing early Mormon missions to Hawai‘i and Jamaica and Lindsey Jackson explores what debates over circumcision can tell us about gender stereotypes and motherhood. Dana Lloyd uses the 1988 Supreme Court decision in Lyng v. Northwest Indian Cemetery Protective Association as a case study in order to consider how Indigenous religion and sovereignty have been understood and adjudicated in the American legal system. Matt Sheedy studies the identity categories of “atheist” and “ex-Muslim” and Brad Stoddard uses ethnographic fieldwork to evaluate the role of religious pluralism in regulating and policing correctional institutions. Editors Samah Choudhury and Prea Persaud provide an introduction that reconsiders the trajectory of the American Examples project in light of the siege on the US Capitol in January 2021 and the continuing COVID pandemic. Visit americanexamples.ua.edu for more information on upcoming workshop dates and future projects. CONTRIBUTORS Michael J. Altman / Samah Choudhury / Lindsey Jackson / Christopher Cannon Jones / / Erik Kline / Dana Lloyd / Cody Musselman / Prea Persaud / Matt Sheedy / Zachary T. Smith / Brad Stoddard / Brook Wilensky-Lanford

Responding to Vine Deloria, Jr.’s call for all people to “become involved” in the struggle to protect Indigenous sacred sites, Dana Lloyd’s Land Is Kin proposes a rethinking of sacred sites, and a rethinking of even land itself. Deloria suggested using the principle of religious freedom, but this principle has failed Indigenous peoples for decades. Lloyd argues that religious freedom fails Indigenous claimants because settler law creates a tension between two competing rights—one party’s religious freedom and another party’s property rights. In this contest, the right of property will always win. Through an analysis of the 1988 US Supreme Court case Lyng v. Northwest Indian Cemetery Protective Association, which she interprets as a case about sovereignty and the meaning of land, Lloyd proposes a multilayered understanding of land and the different roles it can simultaneously play. Rejecting the binary logic of sacred religion versus secular property, Lloyd uses the legal dispute over the High Country—an area of the Six Rivers National Forest in Northern California sacred to the Yurok, Karuk, and Tolowa Indigenous nations—to show that there are at least five different, but not equally valid, ways to understand land in the Lyng case: home, property, sacred site, wilderness, and kin. To protect the High Country, the Yurok filed a religious freedom lawsuit but then proceeded to describe the land as their home in court. They lobbied for protecting the High Country through a wilderness designation even as they continued to argue that they had been managing it for centuries. They have purchased large parcels of ancestral land and also declare the land their kin, a relationship that ostensibly excludes the possibility of ownership. Land Is Kin demonstrates the complexity of land in contemporary religious, political, and legal discourse. By drawing on Indigenous perspectives on the land as kin, Lloyd points toward a framework that shifts sovereignty away from binary oppositions—between property and sacred site, between the federal government and Native nations—toward seeing the land itself as sovereign.

Examining contested notions of indigeneity, and the positioning of the Indigenous subject before and beyond the law, this book focuses upon the animation of indigeneities within textual imaginaries, both literary and juridical. Engaging the philosophy of Jacques Derrida and Walter Benjamin, as well as other continental philosophy and critical legal theory, the book uniquely addresses the troubled juxtaposition of law and justice in the context of Indigenous legal claims and literary expressions, discourses of rights and recognition, postcolonialism and resistance in settler nation states, and the mutually constitutive relation between law and literature. Ultimately, the book suggests no less than a literary revolution, and the reassertion of Indigenous Law. To date, the oppressive specificity with which Indigenous peoples have been defined in international and domestic law has not been subject to the scrutiny undertaken in this book. As an interdisciplinary engagement with a variety of scholarly approaches, this book will appeal to a broad variety of legal and humanist scholars concerned with the intersections between Indigenous peoples and law, including those engaged in critical legal studies and legal philosophy, sociolegal studies, human rights and native title law.

For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed – mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples’ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.

This book develops a new conceptualisation of lawfare that recognises the polysemantic nature of the term. Drawing on theoretical developments from legal anthropology, international relations, and social theory, the book scrutinises the multiple dimensions of this phenomenon. It illustrates the multifaceted character of lawfare with a wide range of historical and contemporary cases from across the globe and analyses the implications of actors pursuing political objectives through legal means. This includes the use of lawfare by states as a legal instrument to accomplish geopolitical objectives, domestic lawfare, or the use of legal instruments to undermine internal opposition, and state lawfare used by governments to ‘protect’ the state from internal territorial-secessionist challenges. Finally, the book shows that lawfare is not exclusively a tool for hegemonic actors, as it can also be used by civil society actors that aim to uphold their rights through legal instruments in asymmetric lawfare. This book contributes to new developments in lawfare without shying away from controversy, acknowledging its sometimes-brutal efficacy as well as its potential pitfalls. The book will appeal to scholars and students of law, international relations, political science, anthropology, and sociology.