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Author: Kristen A. Carpenter
Publisher: UCLA Am Indian Studies Center
ISBN: 9780935626674
Category : Indian courts
Languages : en
Pages : 0
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Book Description
Literary Nonfiction. Native American Studies. Edited by Kristen A. Carpenter, Matthew L.M. Fletcher, and Angela R. Riley. Congress passed the Indian Civil Rights Act of 1968 (ICRA) to address civil rights in Indian country. ICRA extended select, tailored provisions of the Bill of Rights--including equal protection, due process, free speech and religious exercise, criminal procedure, and property rights--to tribal governments. But, with the exception of the writ of habeas corpus, Congress did not establish a federal enforcement mechanism for violations of the Act, nor did it abrogate tribal sovereign immunity. Thus, ICRA has been interpreted and enforced almost exclusively by Indian tribes and their courts. This collection of essays, gathered on the fortieth anniversary of ICRA, provides for the first time a summary and critical analysis of how Indian tribes interpret and apply these important civil rights provisions in our contemporary world. The authors have found that, while informed by ICRA and the dominant society's conception of individual rights, Indian nations are ultimately adapting and interpreting ICRA in ways consistent with their own tribal traditions and beliefs. In some respects, ICRA parallels the broader experiences of tribes over the past forty years--a period of growth, revitalization, and self-determination for many Indian nations.
Author: Kristen A. Carpenter
Publisher: UCLA Am Indian Studies Center
ISBN: 9780935626674
Category : Indian courts
Languages : en
Pages : 0
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Book Description
Literary Nonfiction. Native American Studies. Edited by Kristen A. Carpenter, Matthew L.M. Fletcher, and Angela R. Riley. Congress passed the Indian Civil Rights Act of 1968 (ICRA) to address civil rights in Indian country. ICRA extended select, tailored provisions of the Bill of Rights--including equal protection, due process, free speech and religious exercise, criminal procedure, and property rights--to tribal governments. But, with the exception of the writ of habeas corpus, Congress did not establish a federal enforcement mechanism for violations of the Act, nor did it abrogate tribal sovereign immunity. Thus, ICRA has been interpreted and enforced almost exclusively by Indian tribes and their courts. This collection of essays, gathered on the fortieth anniversary of ICRA, provides for the first time a summary and critical analysis of how Indian tribes interpret and apply these important civil rights provisions in our contemporary world. The authors have found that, while informed by ICRA and the dominant society's conception of individual rights, Indian nations are ultimately adapting and interpreting ICRA in ways consistent with their own tribal traditions and beliefs. In some respects, ICRA parallels the broader experiences of tribes over the past forty years--a period of growth, revitalization, and self-determination for many Indian nations.
Author: Matthew L. M. Fletcher
Publisher: American Indian Studies
ISBN: 9780870138607
Category : Law
Languages : en
Pages : 299
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Book Description
In 1978, Congress enacted the Indian Child Welfare Act (ICWA), with the intent to "protect the best interests of Indian children and to promote the stability and security of Indian tribes and families." The history of the Act is a tangle of legal, social, and emotional complications. This collection brings together for the first time a multidisciplinary assessment of the law — with scholars, practitioners, lawyers, and social workers all offering perspectives on the value and importance of the Indian Child Welfare Act.
Author: United States Commission on Civil Rights
Publisher:
ISBN:
Category : Indian courts
Languages : en
Pages : 110
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Book Description
Author: Matthew L.M. Fletcher
Publisher: Wolters Kluwer
ISBN: 9781543813647
Category : Law
Languages : en
Pages : 0
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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: Kimberly Johnston-Dodds
Publisher: California Research Bureau
ISBN:
Category : Law
Languages : en
Pages : 60
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Book Description
Created by the California Research Bureau at the request of Senator John L. Burton, this Web-site is a PDF document on early California laws and policies related to the Indians of the state and focuses on the years 1850-1861. Visitors are invited to explore such topics as loss of lands and cultures, the governors and the militia, reports on the Mendocino War, absence of legal rights, and vagrancy and punishment.
Author: David W. Daily
Publisher: University of Arizona Press
ISBN: 0816531617
Category : History
Languages : en
Pages : 236
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Book Description
By the end of the nineteenth century, Protestant leaders and the Bureau of Indian Affairs had formed a long-standing partnership in the effort to assimilate Indians into American society. But beginning in the 1920s, John Collier emerged as part of a rising group of activists who celebrated Indian cultures and challenged assimilation policies. As commissioner of Indian affairs for twelve years, he pushed legislation to preserve tribal sovereignty, creating a crisis for Protestant reformers and their sense of custodial authority over Indians. Although historians have viewed missionary opponents of Collier as faceless adversaries, one of their leading advocates was Gustavus Elmer Emmanuel Lindquist, a representative of the Home Missions Council of the Federal Council of Churches. An itinerant field agent and lobbyist, Lindquist was in contact with reformers, philanthropists, government officials, other missionaries, and leaders in practically every Indian community across the country, and he brought every ounce of his influence to bear in a full-fledged assault on Collier’s reforms. David Daily paints a compelling picture of Lindquist’s crusade—a struggle bristling with personal animosity, political calculation, and religious zeal—as he promoted Native Christian leadership and sought to preserve Protestant influence in Indian affairs. In the first book to address this opposition to Collier’s reforms, he tells how Lindquist appropriated the arguments of the radical assimilationists whom he had long opposed to call for the dismantling of the BIA and all the forms of race-based treatment that he believed were associated with it. Daily traces the shifts in Lindquist’s thought regarding the assimilation question over the course of half a century, and in revealing the efforts of this one individual he sheds new light on the whole assimilation controversy. He explicates the role that Christian Indian leaders played in both fostering and resisting the changes that Lindquist advocated, and he shows how Protestant leaders held on to authority in Indian affairs during Collier’s tenure as commissioner. This survey of Lindquist’s career raises important issues regarding tribal rights and the place of Native peoples in American society. It offers new insights into the domestic colonialism practiced by the United States as it tells of one of the great untold battles in the history of Indian affairs.
Author: Sharon O'Brien
Publisher: University of Oklahoma Press
ISBN: 9780806125640
Category : Social Science
Languages : en
Pages : 372
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Book Description
This book describes the struggle of Indian tribes and their governments to achieve freedom and self-determination despite repeated attempts by foreign governments to dominate, exterminate, or assimilate them. Drawing on the disciplines of political science, history, law, and anthropology and written in a direct, readable style, American Indian Tribal Governments is a comprehensive introduction to traditional tribal governments, to the history of Indian-white relations, to the structure and legal rights of modern tribal governments, and to the changing roles of federal and state governments in relation to modem tribal governments. Publication of this book fills a gap in American Indian studies, providing scholars with a basis from which to begin an integrated study of tribal government, providing teachers with an excellent introductory textbook, and providing general readers with an accessible and complete introduction to American Indian history and government. The book's unique structure allows coverage of a great breadth of information while avoiding the common mistake of generalizing about all tribes and cultures. An introductory section presents the basic themes of the book and describes the traditional governments of five tribes chosen for their geographic and cultural diversity-the Senecas, the Muscogees, the Lakotas, the Isleta Pueblo, and the Yakimas. The next three chapters review the history of Indian-white relations from the time Christopher Columbus "discovered" America to the present. Then the history and modem government of each of the five tribes presented earlier is examined in detail. The final chapters analyze the evolution and current legal powers of tribal governments, the tribal-federal relationship, and the tribal-state relationship. American Indian Tribal Governments illuminates issues of tribal sovereignty and shows how tribes are protecting and expanding their control of tribal membership, legal systems, child welfare, land and resource use, hunting and fishing, business regulation, education, and social services. Other examples show tribes negotiating with state and federal governments to alleviate sources of conflict, including issues of criminal and civil jurisdiction, taxation, hunting and fishing rights, and control of natural resources. Excerpts from historical and modem documents and speeches highlight the text, and more than one hundred photos, maps, and charts show tribal life, government, and interaction with white society as it was and is. Included as well are a glossary and a chronology of important events.
Author: Matthew L.M. Fletcher
Publisher: MSU Press
ISBN: 1609170040
Category : Social Science
Languages : en
Pages : 390
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Book Description
An absorbing and comprehensive survey, The Eagle Returns: The Legal History of the Grand Traverse Band of Ottawa and Chippewa Indians shows a group bound by kinship,geography, and language, struggling to reestablish their right to self-governance. Hailing from northwest Lower Michigan, the Grand Traverse Band has become a well-known national leader in advancing Indian treaty rights, gaming, and land rights, while simultaneously creating and developing a nationally honored indigenous tribal justice system. This book will serve as a valuable reference for policymakers, lawyers, and Indian people who want to explore how federal Indian law and policy drove an Anishinaabe community to the brink of legal extinction, how non-Indian economic and political interests conspired to eradicate the community’s self-sufficiency, and how Indian people fought to preserve their culture, laws, traditions, governance, and language.
Author: Matthew L. M. Fletcher
Publisher:
ISBN: 9780314290717
Category : Alaska Natives
Languages : en
Pages : 0
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Book Description
Hardbound - New, hardbound print book.
Author: David H. Getches
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 956
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Book Description
