Author: United States. Congress. Senate. Committee on Indian Affairs (1993- )
Publisher:
ISBN:
Category : Criminal jurisdiction
Languages : en
Pages : 76

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Author: Matthew L.M. Fletcher
Publisher: Aspen Publishing
ISBN: 1543817432
Category : Law
Languages : en
Pages : 1188

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Book Description
Nearly every American Indian tribe has its own laws and courts. Taken together, these courts decide thousands of cases. Many span the full panoply of law—from criminal, civil, and probate cases, to divorce and environmental disputes.American Indian Tribal Law, now in its Second Edition, surveys the full spectrum of tribal justice systems. With cases, notes, and historical context, this text is ideal for courses on American Indian Law or Tribal Governments—and an essential orientation to legal practice within tribal jurisdictions. New to the Second Edition: A new chapter on professional responsibility and the regulation of lawyers in tribal jurisdictions Enhanced materials on Indian child welfare Additional materials on tribal laws that incorporate Indigenous language and culture Additional examples from tribal justice systems and practice Recent and noteworthy cases from tribal courts Professors and students will benefit from: A broad survey of dispute resolution systems within tribal jurisdictions A review of recent flashpoints in tribal law, such as internal tribal political matters, including intractable citizenship and election disputes enhanced criminal jurisdiction over nonmembers and non-Indians tribal constitutional reform, including a case study on the White Earth Nation Cases and material reflecting a wide range of American Indian tribes and legal issues Excerpts and commentary from a wellspring of current scholarship

Author: United States Commission on Civil Rights
Publisher:
ISBN:
Category : Indian courts
Languages : en
Pages : 110

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Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1188

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Author: Bruce Duthu
Publisher: Oxford University Press
ISBN: 0199910685
Category : Law
Languages : en
Pages : 249

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Book Description
American Indian tribes have long been recognized as "domestic, dependent nations" within the United States, with powers of self-government that operate within the tribes' sovereign territories. Yet over the years, Congress and the Supreme Court have steadily eroded these tribal powers. In some respects, the erosion of tribal powers reflects the legacy of an imperialist impulse to constrain or eliminate any political power that may compete with the state. These developments have moved the nation away from its early commitments to a legally plural society--in other words, the idea that multiple nations and their legal systems could co-exist peacefully in shared territories. Shadow Nations argues for redirecting the trajectory of tribal-federal relations to better reflect the formative ethos of legal pluralism that operated in the nation's earliest years. From an ideological standpoint, this means that we must reexamine several long-held commitments. One is to legal centralism, the view that the nation-state and its institutions are the only legitimate sources of law. Another is to liberalism, the dominant political philosophy that undergirds our democratic structures and situates the individual, not the group or a collective, as the bedrock moral unit of society. From a constitutional standpoint, establishing more robust expressions of tribal sovereignty will require that we take seriously the concerns of citizens, tribal and non-tribal alike, who demand that tribal governments operate consistently with basic constitutional values. From an institutional standpoint, these efforts will require a new, flexible and adaptable institutional architecture that is better suited to accommodating these competing interests. Argued with grace, humanity, and a peerless scholarly eye, Shadow Nations is a clarion call for a true and consequential rethinking of the legal and political relationship between Indigenous tribes and the United States government.

Author: Amnesty International
Publisher:
ISBN:
Category : Civil rights workers
Languages : en
Pages : 112

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Book Description
More than one in three Native American or Alaska Native women will be raped at some point in their lives. Most do not seek justice because they known they will be met with inaction or indifference. As one support worker said, "Women don't report because it doesn't make a difference. Why report when you are just going to be revictimized?" Sexual violence against women is not only a criminal or social issue, it is a human rights abuse. This report unravels some of the reasons why Indigenous women in the USA are at such risk of sexual violence and why survivors are so frequently denied justice. Chronic under-resourcing of law enforcement and health services, confusion over jurisdiction, erosion of tribal authority, discrimination in law and practice, and indifference -- all these factors play a part. None of this is inevitable or irreversible. The voices of Indigenous women throughout this report send a message of courage and hope that change can and will happen.

Author: United States. Congress
Publisher:
ISBN:
Category : Law
Languages : en
Pages :

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The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)

Author: United States. Congress. House. Committee on Natural Resources
Publisher:
ISBN:
Category :
Languages : en
Pages : 1120

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Author: Sarah Krakoff
Publisher: Routledge
ISBN: 1317006313
Category : Law
Languages : en
Pages : 248

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Book Description
Legal and environmental concerns related to Indian law and tribal lands remain an understudied branch of both indigenous law and environmental law. Native American tribes have a far more complex relationship with the environment than is captured by the stereotype of Indians as environmental stewards. Meaningful tribal sovereignty requires that non-Indians recognize the right of Indians to determine their own relationship to the land and the environment. But tribes do not exist in a vacuum: in fact they are deeply affected by off-reservation activities and, similarly, tribal choices often have effects on nearby communities. This book brings together diverse essays by leading Indian law scholars across the disciplines of indigenous and environmental law. The chapters reveal the difficulties encountered by Native American tribes in attempts to establish their own environmental standards within federal Indian law and environmental law structures. Gleaning new insights from a focus on tribal land and property law, the collection studies the practice of tribal sovereignty as experienced by Indians and non-Indians, with an emphasis on the development and regulatory challenges these tribes face in the wake of climate change. This volume will advance the reader's knowledge and understanding of these challenging issues.

Author: David E. Wilkins
Publisher: Rowman & Littlefield
ISBN: 1442252669
Category : Political Science
Languages : en
Pages : 336

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Book Description
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.