We have chosen to examine only those issues that either are intimately related to
the Indian process of justice or are fundamental to the political and social well-
being of American Indians. Our first area of exploration will focus on the civil ...
Author: Vine Deloria, Jr.
Publisher: University of Texas Press
Category: Social Science
Baffled by the stereotypes presented by Hollywood and much historical fiction, many other Americans find the contemporary American Indian an enigma. Compounding their confusion is the highly publicized struggle of the contemporary Indian for self-determination, lost land, cultural preservation, and fundamental human rights—a struggle dramatized both by public acts of protest and by precedent-setting legal actions. More and more, the battles of American Indians are fought—and won—in the political arena and the courts. American Indians, American Justice explores the complexities of the present Indian situation, particularly with regard to legal and political rights. It is the first book to present an overview of federal Indian law in language readably accessible to the layperson. Remarkably comprehensive, it is destined to become a standard sourcebook for all concerned with the plight of the contemporary Indian. Beginning with an examination of the historical relationship of Indians and the courts, the authors describe how tribal courts developed and operate today, and how they relate to federal and state governments. They define such key legal concepts as tribal sovereignty and Indian Country. By comparing and contrasting the workings of Indian and non-Indian legal institutions, the authors illustrate how Indian tribes have adapted their customs, values, and institutions to the demands of the modern world. Describing the activities of attorneys and Indian advocates in asserting and defending Indian rights, they identify the difficulties typically faced by Indians in the criminal and civil legal arenas and explore the public policy and legal rights of Indians as regards citizenship, voting rights, religious freedom, and basic governmental services.
Tracing the history of U.S. Indian policy from the eighteenth century to the present, this book explores how the Euro-American ethos of Manifest Destiny fueled a devastating campaign of ethnic cleansing against Native Americans.
Author: Laurence French
Publisher: Rowman & Littlefield
Tracing the history of U.S. Indian policy from the eighteenth century to the present, this book explores how the Euro-American ethos of Manifest Destiny fueled a devastating campaign of ethnic cleansing against Native Americans. After decimating the Indian population through organized massacres, the U.S. government forcibly removed the survivors from their homelands to live on reservations. Physical genocide gave way to attempts at cultural eradication through policies designed to Christianize and civilize the Indians. These policies included the traumatic separation of children from their families for indoctrination and abuse in remote boarding schools. Treaties and policies are linked to the concept of federal paternalism and its relationship to pervasive health and social problems endemic in Indian country, including substance abuse and addiction. The book is divided into three main parts. Part I covers the US government's treatment of Indians from the colonial era to the present. Part II describes how the Cherokees' aboriginal concept of blood vengeance gave way to justice models based on the Protestant ethic. Part II also discusses governmental restrictions of religious expression by Indians. Part III delves into the judicial system within Indian country, looking at tribal courts, the Navajo court system, law enforcement, and corrections. An epilogue covers the incompleteness of social justice in Indian country, as reflected in problems such as the misuse of Indian money by the federal government. A Burnham Publishers book
Author: Laurence Armand FrenchPublish On: 2019-03-14
This compilation analyzes the nature of justice for Native Americans, including unique and emerging problems, theoretical issues, and policy implications.
Author: Laurence Armand French
Category: Social Science
Native Americans are disproportionately represented as offenders in the U.S. criminal justice system. Routledge Handbook on Native American Justice Issues is an authoritative volume that provides an overview of the state of American Indigenous populations and their contact with justice concerns and the criminal justice system. The volume covers the history and origins of Indian Country in America; continuing controversies regarding treaties; unique issues surrounding tribal law enforcement; the operation of tribal courts and corrections, including the influence of Indigenous restorative justice practices; the impact of native religions and customs; youth justice issues, including educational practices and gaps; women’s justice issues; and special circumstances surrounding healthcare for Indians, including the role substance abuse plays in contributing to criminal justice problems. Bringing together contributions from leading scholars – many of them Native Americans – that explore key issues fundamental to understanding the relationships between Native peoples and contemporary criminal justice, editor Laurence Armand French draws on more than 40 years of experience with Native American individuals and groups to provide contextual material that incorporates criminology, sociology, anthropology, cultural psychology, and history to give readers a true picture of the wrongs perpetrated against Native Americans and their effects on the current operation of Native American justice. This compilation analyzes the nature of justice for Native Americans, including unique and emerging problems, theoretical issues, and policy implications. It is a valuable resource for all scholars with an interest in Native American culture and in the analysis and rectification of the criminal justice system’s disparate impact on people of color.
The Masking of Justice David E. Wilkins. Removing the Masks CHAPTER 7 In
this punctuated ride through judicial history, I have, as carefully and methodically
as possible, studied the literal language of what I have come to consider the most
Author: David E. Wilkins
Publisher: University of Texas Press
Category: Social Science
"Like the miner's canary, the Indian marks the shift from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the rise and fall in our democratic faith," wrote Felix S. Cohen, an early expert in Indian legal affairs. In this book, David Wilkins charts the "fall in our democratic faith" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. He offers compelling evidence that Supreme Court justices selectively used precedents and facts, both historical and contemporary, to arrive at decisions that have undermined tribal sovereignty, legitimated massive tribal land losses, sanctioned the diminishment of Indian religious rights, and curtailed other rights as well. These case studies—and their implications for all minority groups—make important and troubling reading at a time when the Supreme Court is at the vortex of political and moral developments that are redefining the nature of American government, transforming the relationship between the legal and political branches, and altering the very meaning of federalism.
411 (1830). 9. Jackson, “First Annual Message.” 10. Deloria, American Indian
Policy in the Twentieth Century, 242. 11. Foreman, Indian Removal. 12. See
Kappler, Indian Affairs. 13. Deloria, and Lytle, American Indians, American Justice, 3–4.
Author: Laughlin McDonald
Publisher: University of Oklahoma Press
The struggle for voting rights was not limited to African Americans in the South. American Indians also faced discrimination at the polls and still do today. This book explores their fight for equal voting rights and carefully documents how non-Indian officials have tried to maintain dominance over Native peoples despite the rights they are guaranteed as American citizens. Laughlin McDonald has participated in numerous lawsuits brought on behalf of Native Americans in Montana, Colorado, Nebraska, South Dakota, and Wyoming. This litigation challenged discriminatory election practices such as at-large elections, redistricting plans crafted to dilute voting strength, unfounded allegations of election fraud on reservations, burdensome identification and registration requirements, lack of language assistance, and noncompliance with the Voting Rights Act. McDonald devotes special attention to the VRA and its amendments, whose protections are central to realizing the goal of equal political participation. McDonald describes past and present-day discrimination against Indians, including land seizures, destruction of bison herds, attempts to eradicate Native language and culture, and efforts to remove and in some cases even exterminate tribes. Because of such treatment, he argues, Indians suffer a severely depressed socioeconomic status, voting is sharply polarized along racial lines, and tribes are isolated and lack meaningful interaction with non-Indians in communities bordering reservations. Far more than a record of litigation, American Indians and the Fight for Equal Voting Rights paints a broad picture of Indian political participation by incorporating expert reports, legislative histories, newspaper accounts, government archives, and hundreds of interviews with tribal members. This in-depth study of Indian voting rights recounts the extraordinary progress American Indians have made and looks toward a more just future.
God Is Red: A Native View of Religion. Golden, CO: Fulcrum. Deloria, Vine, Jr.,
and Clifford M. Lytle. 1983. American Indians, American Justice. Austin:
University of Texas Press. Devitt, Steve. 1999. “Death and Detox in Indian
Country.” Weekly ...
Author: Jeffrey Ian Ross
Category: Social Science
'This collection presents significant summaries of past criminal behavior, and significant new cultural and political contextualizations that provide greater understanding of the complex effects of crime, sovereignty, culture, and colonization on crime and criminalization on Indian reservations.' Duane Champagne, UCLA (From the Foreword) Native Americans and the Criminal Justice System offers a comprehensive approach to explaining the causes, effects, and solutions for the presence and plight of Native Americans in the criminal justice system. Articles from scholars and experts in Native American issues examine the ways in which society's response to Native Americans is often socially constructed. The contributors work to dispel the myths surrounding the crimes committed by Native Americans and assertions about the role of criminal justice agencies that interact with Native Americans. In doing so, the contributors emphasize the historical, social, and cultural roots of Anglo European conflicts with Native peoples and how they are manifested in the criminal justice system. Selected chapters also consider the global and cross-national ramifications of Native Americans and crime. This book systematically analyzes the broad nature of the subject area, including unique and emerging problems, theoretical issues, and policy implications.
Cover, Robert M. Justice Accused: Antislavery and the Judicial Process. New
Haven: Yale University Press, 1975. Cowger, Thomas W. The National Congress
of American Indians: The Founding Years. Lincoln: University of Nebraska Press,
Author: Deborah A. Rosen
Publisher: U of Nebraska Press
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.
“Scholars better understand their skills and the degree to which they can assist
Indians,” Deloria opined. ... In American Indians, American Justice (1983),
American Indian Policy in the Twentieth Century (1985), Behind the Trail of
Author: Bruce E. Johansen
Category: Social Science
This new four-volume encyclopedia is the most comprehensive and up-to-date resource available on the history of Native Americans, providing a lively, authoritative survey ranging from human origins to present-day controversies. • Approximately 450 entries within four separate volumes • Approximately 110 contributors from among the foremost scholars in the fields, including Troy Johnson on self-determination movements, Richard King on sports mascots, and Jon Rehyner on recovery of Native languages • Hundreds of images, including illustrations, photographs, and maps • A series of helpful research tools rounding out the fourth volume, including an extensive chronology, topical bibliography, and a comprehensive index
... in 1969, Deloria has crafted a number of books, including Behind the Trail of
Broken Treaties (1974), American Indians, American Justice (1983, with Clifford
Lytle), The Nations Within: The Past and Future of American Indian Sovereignty ...
Author: David Eugene Wilkins
Publisher: Rowman & Littlefield
Category: Political Science
American Indian Politics and the American Political System provides a comprehensive introduction to the history, structure, and function of tribal governments and their relationship to contemporary American politics. The second edition incorporates fresh census data, thorough discussion of the critical electoral changes in the 2000 and 2004 national elections, and data on President Bush's first and second terms. This edition also explores the effects of changes in U.S. Senate and House personnel and state legislation on Indian rights and the state-tribal relationship.
Now in its third edition, American Indian Politics is the most comprehensive study written from a political science perspective that analyzes the structures and functions of indigenous governments (including Alaskan Native communities and ...
Author: David E. Wilkins
Publisher: Rowman & Littlefield Publishers
Category: Political Science
Now in its third edition, American Indian Politics is the most comprehensive study written from a political science perspective that 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, while also examining the fascinating intergovernmental relationship that exists between native nations, the states, and the federal government. The third edition contains a number of important modifications. First, it is now co-authored by Heidi Kiiwetinepinesiik Stark, who brings a spirited new voice to the study. Second, it contains ample discussion of how President ObamaOs election has altered the dynamics of Indian Country politics and law. Third, it contains more discussion of women's issues, several new vignettes, an updated timeline, new photographs, and updated charts, tables, and figures.
significant damage done to American Indian religious freedoms, and specifically
to the Native American Church, in her ... FURTHER READING Vine Deloria Jr.
and Clifford M Lytle, American Indians, American Justice (Austin: University of ...
Author: John R. Wunder
First Published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.
In this ambitious and moving book, Frank Pommersheim, who lived and worked on the Rosebud Sioux Indian Reservation for ten years, challenges the dominant legal history of American Indians and their tribes—a history that concedes far too ...
Author: Frank Pommersheim
Publisher: Univ of California Press
In this ambitious and moving book, Frank Pommersheim, who lived and worked on the Rosebud Sioux Indian Reservation for ten years, challenges the dominant legal history of American Indians and their tribes—a history that concedes far too much power to the laws and courts of the "conqueror." Writing from the perspective of the reservation and contemporary Indian life, Pommersheim makes an urgent call for the advancement of tribal sovereignty and of tribal court systems that are based on Indian culture and values. Taking as its starting point the cultural, spiritual, and physical nature of the reservation, Braid of Feathers goes on to trace the development of Indian law from the 1770s to the present. Pommersheim considers the meaning of justice from the indigenous point of view. He offers a trenchant analysis of the tribal courts, stressing the importance of language, narrative, and story. He concludes by offering a "geography of hope,"one that lies in the West, where Native Americans control a significant amount of natural resources, and where a new ethic of development and preservation is emerging within the dominant society. Pommersheim challenges both Indians and non-Indians to forge an alliance at the local level based on respect and reciprocity—to create solidarity, not undo difference.
It is in this sense that American Indians ' ability to achieve social justice has been
severely limited . Future public policy decisions must take into account the
historical conditions under which American Indians have attempted to survive ,
Author: Donald E. Green
Publisher: Univ Wisconsin System Inst
This book discusses legal and social aspects of public policy in American society and their relationship to fulfilling the promise of social justice for American Indians. U.S. public policy is viewed as reflecting the collective sentiments of the electorate. If the American people have the will to bring about change in the socioeconomic conditions of American Indians, it will be evidenced in public policies. Chapters are: "'Indian Law,' Indians' Law, and Legalism in American Indian Policy: An Essay on Historical Origins," by Russel L. Barsh; "The Concept of Sovereignty: The Key to Social Justice," by Sharon O'Brien; "Organizing for Self-Determination: Federal and Tribal Bureaucracies in an Era of Social and Policy Change," by Paul H. Stuart; "The Persistence of Identity in Indian Communities of the Western Great Lakes," by Donald L. Fixico; "The Delivery of Health Care to American Indians: History, Policies and Prospects," by Jennie Joe; "The Education of American Indians: Policy, Practice and Future Direction," by John W. Tippeconnic, III; "Economic Development and Employment Opportunities for American Indians," by Gary D. Sandefur; and "American Indian Criminality: What Do We Really Know?" by Donald E. Green. (SV)
Finding Their Way CHALLENGES AND RESOURCES OF AMERICAN INDIAN
VICTIMS OF SEXUAL ASSAULT Sherry Hamby SEXUAL VICTIMIZATION is a
part of the history of oppression , violence , and maltreatment that American Indians ...
Author: Marianne O. Nielsen
Publisher: University of Arizona Press
Category: Social Science
Native Americans are disproportionately represented as offenders in the U.S. criminal justice system. However, until recently there was little investigation into the reasons. Furthermore, there has been little acknowledgment of the positive contributions of Native Americans to the criminal justice system- in rehabilitating offenders, aiding victims, and supporting service providers. This book offers a valuable and contemporary overview of how the American criminal justice system impacts Native Americans on both sides of the law. Contributors- many of whom are Native Americans- rank among the top scholars in their fields. Some of the chapters treat broad subjects, including crime, police, courts, victimization, corrections, and jurisdiction. Others delve into more specific topics, including hate crimes against Native Americans, state-corporate crimes against Native Americans, tribal peacemaking, and cultural stresses of police officers. Separate chapters are devoted to women and juveniles.
Author: Patricia Nelson LimerickPublish On: 2011-02-07
American Indians, American Justice. Austin: Univ. of Texas Press, 1983. ———.
The Nations Within: The Past and Future of American Indian Sovereignty. New
York: Pantheon Books, 1984. Josephy, Alvin, Jr., Now That the Buffalo's Gone: A
Author: Patricia Nelson Limerick
Publisher: W. W. Norton & Company
"Limerick is one of the most engaging historians writing today." --Richard White The "settling" of the American West has been perceived throughout the world as a series of quaint, violent, and romantic adventures. But in fact, Patricia Nelson Limerick argues, the West has a history grounded primarily in economic reality; in hardheaded questions of profit, loss, competition, and consolidation. Here she interprets the stories and the characters in a new way: the trappers, traders, Indians, farmers, oilmen, cowboys, and sheriffs of the Old West "meant business" in more ways than one, and their descendents mean business today.
00 hardcover CONSTITUTIONAL RIBULATIONS Other UT Press titles by the
authors American Indians , Bend VINEBLOMA American Justice Trall American Indians , American Justice By Vine Deloria , Jr . , and Clifford M . Lytle American ...
Bibliographical Essay Lytle, American Indians, American Justice (Austin, TX,
1983); Vine Deloria, Jr. and Clifford Lytle, The Nations Within: The Past and
Future of American Indian Sovereignty (New York, NY, 1984); N. Bruce Duthu,
Author: Peter Iverson
Publisher: John Wiley & Sons
In addition to revisions and updates, the second edition of “We Are Still Here” features new material, seeing this well-loved American History Series volume maintain its treatment of American Indians in the 20th century while extending its coverage into the opening decades of the 21st century. Provides student and general readers concise and engaging coverage of contemporary history of American Indians contributed by top scholars and instructors in the field Represents an ideal supplement to any U.S. or Native American survey text Includes a completely up-to-date synthesis of the most current literature in the field Features a comprehensive Bibliographical Essay that serves to aid student research and writing Covers American Indian history from 1890 through 2013
Author: Michael Anthony LawrencePublish On: 2010-11-22
Four Hundred Years of Struggle for Liberty and Equal Justice in America Michael
Anthony Lawrence. The third boy ... Somehow, through all of the protests and
symbolic gestures, a different sense of the Indian identity was born.”68 The Late ...
Author: Michael Anthony Lawrence
Publisher: Cambridge University Press
Radicals in Their Own Time explores the lives of five Americans, with lifetimes spanning four hundred years, who agitated for greater freedom in America. Every generation has them: individuals who speak truth to power and crave freedom from arbitrary authority. This book makes two important observations in discussing Roger Williams, Thomas Paine, Elizabeth Cady Stanton, W. E. B. Du Bois and Vine Deloria, Jr. First, each believed that government must broadly tolerate individual autonomy. Second, each argued that religious orthodoxy has been a major source of society's ills – and all endured serious negative repercussions for doing so. The book challenges Christian orthodoxy and argues that part of what makes these five figures compelling is their willingness to pay the price for their convictions – much to the lasting benefit of liberty and equal justice in America.