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Introduction To Tribal Legal Studies
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Book Synopsis Introduction to Tribal Legal Studies by : Justin Blake Richland
Download or read book Introduction to Tribal Legal Studies written by Justin Blake Richland and published by Rowman & Littlefield. This book was released on 2010 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the only available comprehensive introduction to tribal law. It is an indispensable resource for students, tribal leaders, and professionals interested in the complicated relationship between tribal, federal, and state law.
Book Synopsis Introduction to Tribal Legal Studies by : Justin B. Richland
Download or read book Introduction to Tribal Legal Studies written by Justin B. Richland and published by Rowman & Littlefield. This book was released on 2015-12-17 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: In clear and straightforward language, Justin B. Richland and Sarah Deer discuss the history and structure of tribal justice systems; the scope of criminal and civil jurisdictions; and the various means by which the integrity of tribal courts is maintained. This book is an indispensable resource for students, tribal leaders, and tribal communities interested in the complicated relationship between tribal, federal, and state law.
Book Synopsis Tribal Policing by : Eileen Luna-Firebaugh
Download or read book Tribal Policing written by Eileen Luna-Firebaugh and published by University of Arizona Press. This book was released on 2007-02-15 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean to be a tribal police officer? What are the complexities of that role? And how do tribal communities, tribal police departments, and other law enforcement agencies collaborate to address the alarmingly high rate of violent crime in Indian country? Author Eileen Luna-Firebaugh answers these and other questions in this well-documented text about tribal government and law enforcement in America. Based on extensive research with tribal police departments conducted over a period of eight years, Tribal Policing reveals the complicated role of police officials in Indian country and the innovative methods they are developing to address crime within their borders and to advance tribal sovereignty in the United States. Tribal police departments face many challenges, such as heightened crime rates, a lack of resources (working patrol vehicles, 911 systems, access to police radios), and vast patrol areas. Luna-Firebaugh demonstrates that tribal officers see themselves as members of the tribal community and that tribal law enforcement is a complex balance of tribal position and authority within the community. Among other topics, Luna-Firebaugh analyzes the structure of tribal law enforcement and the ways it differs from mainstream policing; the role of women, tribal members, and others who comprise tribal law enforcement personnel; tribal jails and corrections; police training; and the legal, political, cultural, and historical issues that affect American Indian tribal policing. This informative text addresses the scarcity of published material regarding tribal law enforcement and will be a welcome addition to courses in criminal justice, the administration of justice, law enforcement, and Native American studies.
Book Synopsis Tribal Criminal Law and Procedure by : Carrie E. Garrow
Download or read book Tribal Criminal Law and Procedure written by Carrie E. Garrow and published by Rowman Altamira. This book was released on 2004 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text is a comprehensive introduction to tribal criminal law and procedure in the United States. Garrow and Deer discuss in depth the histories, structures and practices of tribal justice systems, comparisons of traditional tribal justice with Anglo-American law and jurisdictions, elements of criminal law and procedure, and alternative sentences and traditional sanctions Tribal Criminal Law and Procedure will be an invaluable resource for legal scholars and students.
Book Synopsis Arguing with Tradition by : Justin B. Richland
Download or read book Arguing with Tradition written by Justin B. Richland and published by University of Chicago Press. This book was released on 2008-09-15 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arguing with Tradition is the first book to explore language and interaction within a contemporary Native American legal system. Grounded in Justin Richland’s extensive field research on the Hopi Indian Nation of northeastern Arizona—on whose appellate court he now serves as Justice Pro Tempore—this innovative work explains how Hopi notions of tradition and culture shape and are shaped by the processes of Hopi jurisprudence. Like many indigenous legal institutions across North America, the Hopi Tribal Court was created in the image of Anglo-American-style law. But Richland shows that in recent years, Hopi jurists and litigants have called for their courts to develop a jurisprudence that better reflects Hopi culture and traditions. Providing unprecedented insights into the Hopi and English courtroom interactions through which this conflict plays out, Richland argues that tensions between the language of Anglo-style law and Hopi tradition both drive Hopi jurisprudence and make it unique. Ultimately, Richland’s analyses of the language of Hopi law offer a fresh approach to the cultural politics that influence indigenous legal and governmental practices worldwide.
Book Synopsis American Indian Tribal Governments by : Sharon O'Brien
Download or read book American Indian Tribal Governments written by Sharon O'Brien and published by University of Oklahoma Press. This book was released on 1993 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Uneven Ground by : David Eugene Wilkins
Download or read book Uneven Ground written by David Eugene Wilkins and published by University of Oklahoma Press. This book was released on 2001 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the early 1970s, the federal government began recognizing self-determination for American Indian nations. As sovereign entities, Indian nations have been able to establish policies concerning health care, education, religious freedom, law enforcement, gaming, and taxation. David E. Wilkins and K. Tsianina Lomawaima discuss how the political rights and sovereign status of Indian nations have variously been respected, ignored, terminated, and unilaterally modified by federal lawmakers as a result of the ambivalent political and legal status of tribes under western law.
Book Synopsis Cooperation Without Submission by : Justin B. Richland
Download or read book Cooperation Without Submission written by Justin B. Richland and published by University of Chicago Press. This book was released on 2021-09-06 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Justin B. Richland continues his study of the relationship between American law and government and Native American law and tribal governance in his new manuscript Cooperation without Submission: Indigenous Jurisdictions in Native Nation-US Engagements. Richland looks at the way Native Americans and government officials talk about their relationship and seek to resolve conflicts over the extent of Native American authority in tribal lands when it conflicts with federal law and policy. The American federal government is supposed to engage in meaningful consultations with the tribes about issues that affect the tribes under long standing Federal law which accorded the federal government the responsibility of a trustee to the tribes. It requires the government to act in the best interest of the tribes and to interpret agreements with tribes in a way that respects their rights and interests. At least partly based on a patronizing view of Native Americans, the law has also sought to protect the interests of the tribes from those who might take advantage of them. In Cooperation without Submission, Richland looks closely at the language employed by both sides in consultations between tribes and government agencies focusing on the Hopi tribe but also discussing other cases. Richland shows how tribes conduct these meetings using language that demonstrates their commitment to nation-to -nation interdependency, while federal agents appear to approach these consultations with the assumption that federal l aw is supreme and ultimately authoritative"--
Book Synopsis American Indian Tribal Law by : Matthew L.M. Fletcher
Download or read book American Indian Tribal Law written by Matthew L.M. Fletcher and published by Aspen Publishing. This book was released on 2020-02-02 with total page 1188 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Sharing Our Stories of Survival by : Sarah Deer
Download or read book Sharing Our Stories of Survival written by Sarah Deer and published by Rowman Altamira. This book was released on 2008 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sharing Our Stories of Survival is a comprehensive treatment of the socio-legal issues that arise in the context of violence against native women--written by social scientists, writers, poets, and survivors of violence.
Book Synopsis Mastering American Indian Law by : Angelique Townsend EagleWoman
Download or read book Mastering American Indian Law written by Angelique Townsend EagleWoman and published by . This book was released on 2019 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition keeps pace with legal developments in policy, federal law, and court decisions, while it continues to fill a unique niche as a primary and secondary text for courses in the field. Updates are provided for key developments such as the recent U.S. Supreme Court decision on tribal sovereign immunity and the release of the U.S. Bureau of Indian Affairs Guidelines on the interpretation of the Indian Child Welfare Act. A new chapter on Ethics and Professional Responsibility in Indian Law Practice is included. -- from publisher's website.
Book Synopsis American Indian Sovereignty and the U.S. Supreme Court by : David E. Wilkins
Download or read book American Indian Sovereignty and the U.S. Supreme Court written by David E. Wilkins and published by University of Texas Press. This book was released on 2010-01-01 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Book Synopsis Braid of Feathers by : Frank Pommersheim
Download or read book Braid of Feathers written by Frank Pommersheim and published by Univ of California Press. This book was released on 1997-03-29 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Beginning and End of Rape by : Sarah Deer
Download or read book The Beginning and End of Rape written by Sarah Deer and published by U of Minnesota Press. This book was released on 2015-11-01 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the Labriola Center American Indian National Book Award Despite what major media sources say, violence against Native women is not an epidemic. An epidemic is biological and blameless. Violence against Native women is historical and political, bounded by oppression and colonial violence. This book, like all of Sarah Deer’s work, is aimed at engaging the problem head-on—and ending it. The Beginning and End of Rape collects and expands the powerful writings in which Deer, who played a crucial role in the reauthorization of the Violence Against Women Act in 2013, has advocated for cultural and legal reforms to protect Native women from endemic sexual violence and abuse. Deer provides a clear historical overview of rape and sex trafficking in North America, paying particular attention to the gendered legacy of colonialism in tribal nations—a truth largely overlooked or minimized by Native and non-Native observers. She faces this legacy directly, articulating strategies for Native communities and tribal nations seeking redress. In a damning critique of federal law that has accommodated rape by destroying tribal legal systems, she describes how tribal self-determination efforts of the twenty-first century can be leveraged to eradicate violence against women. Her work bridges the gap between Indian law and feminist thinking by explaining how intersectional approaches are vital to addressing the rape of Native women. Grounded in historical, cultural, and legal realities, both Native and non-Native, these essays point to the possibility of actual and positive change in a world where Native women are systematically undervalued, left unprotected, and hurt. Deer draws on her extensive experiences in advocacy and activism to present specific, practical recommendations and plans of action for making the world safer for all.
Book Synopsis The Tribal Moment in American Politics by : Christine K. Gray
Download or read book The Tribal Moment in American Politics written by Christine K. Gray and published by AltaMira Press. This book was released on 2013-05-23 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the “tribal moment in American politics,” which occurred from the 1950s to the mid- to late-1970s, American Indians waged civil disobedience for tribal self-determination and fought from within the U.S. legal and political systems. The U.S. government responded characteristically, overall wielding its authority in incremental, frequently double-edged ways that simultaneously opened and restricted tribal options. The actions of Native Americans and public officials brought about a new era of tribal-American relations in which tribal sovereignty has become a central issue, underpinning self-determination, and involving the tribes, states, and federal government in intergovernmental cooperative activities as well as jurisdictional skirmishes. American Indian tribes struggle still with the impacts of a capitalist economy on their traditional ways of life. Most rely heavily on federal support. Yet they have also called on tribal sovereignty to protect themselves. Asking how and why the United States is willing to accept tribal sovereignty, this book examines the development of the “order” of Indian affairs. Beginning with the nation’s founding, it brings to light the hidden assumptions in that order. It examines the underlying deep contradictions that have existed in the relationship between the United States and the tribes as the order has evolved, up to and into the “tribal moment.”
Book Synopsis Reclaiming Indigenous Planning by : Ryan Walker
Download or read book Reclaiming Indigenous Planning written by Ryan Walker and published by McGill-Queen's Press - MQUP. This book was released on 2013-09-01 with total page 655 pages. Available in PDF, EPUB and Kindle. Book excerpt: Centuries-old community planning practices in Indigenous communities in Canada, the United States, New Zealand, and Australia have, in modern times, been eclipsed by ill-suited western approaches, mostly derived from colonial and neo-colonial traditions. Since planning outcomes have failed to reflect the rights and interests of Indigenous people, attempts to reclaim planning have become a priority for many Indigenous nations throughout the world. In Reclaiming Indigenous Planning, scholars and practitioners connect the past and present to facilitate better planning for the future. With examples from the Canadian Arctic to the Australian desert, and the cities, towns, reserves and reservations in between, contributors engage topics including Indigenous mobilization and resistance, awareness-raising and seven-generations visioning, Indigenous participation in community planning processes, and forms of governance. Relying on case studies and personal narratives, these essays emphasize the critical need for Indigenous communities to reclaim control of the political, socio-cultural, and economic agendas that shape their lives. The first book to bring Indigenous and non-Indigenous authors together across continents, Reclaiming Indigenous Planning shows how urban and rural communities around the world are reformulating planning practices that incorporate traditional knowledge, cultural identity, and stewardship over land and resources. Contributors include Robert Adkins (Community and Economic Development Consultant, USA), Chris Andersen (Alberta), Giovanni Attili (La Sapienza), Aaron Aubin (Dillon Consulting), Shaun Awatere (Landcare Research, New Zealand), Yale Belanger (Lethbridge), Keith Chaulk (Memorial), Stephen Cornell (Arizona), Sherrie Cross (Macquarie), Kim Doohan (Native Title and Resource Claims Consultant, Australia), Kerri Jo Fortier (Simpcw First Nation), Bethany Haalboom (Victoria University, New Zealand), Lisa Hardess (Hardess Planning Inc.), Garth Harmsworth (Landcare Research, New Zealand), Sharon Hausam (Pueblo of Laguna), Michael Hibbard (Oregon), Richard Howitt (Macquarie), Ted Jojola (New Mexico), Tanira Kingi (AgResearch, New Zealand), Marcus Lane (Griffith), Rebecca Lawrence (Umea), Gaim Lunkapis (Malaysia Sabah), Laura Mannell (Planning Consultant, Canada), Hirini Matunga (Lincoln University, New Zealand), Deborah McGregor (Toronto), Oscar Montes de Oca (AgResearch, New Zealand), Samantha Muller (Flinders), David Natcher (Saskatchewan), Frank Palermo (Dalhousie), Robert Patrick (Saskatchewan), Craig Pauling (Te Runanga o Ngai Tahu), Kurt Peters (Oregon State), Libby Porter (Monash), Andrea Procter (Memorial), Sarah Prout (Combined Universities Centre for Rural Health, Australia), Catherine Robinson (Commonwealth Scientific and Industrial Research Organization, Australia), Shadrach Rolleston (Planning Consultant, New Zealand), Leonie Sandercock (British Columbia), Crispin Smith (Planning Consultant, Canada), Sandie Suchet-Pearson (Macquarie), Siri Veland (Brown), Ryan Walker (Saskatchewan), Liz Wedderburn (AgResearch, New Zealand).
Book Synopsis Native American Sovereignty on Trial by : Bryan H. Wildenthal
Download or read book Native American Sovereignty on Trial written by Bryan H. Wildenthal and published by Bloomsbury Publishing USA. This book was released on 2003-04-24 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: A survey of Native American tribal law and its place within the framework of the U.S. Constitution from colonial times to today's headlines. Using five major court cases, Native American Sovereignty on Trial examines American Indian tribal governments and how they relate to federal and state governments under the U.S. Constitution. From the foundational U.S. Supreme Court opinions of the 1830s, to the California State Gaming Propositions of 1998 and 2000, the impact and legacy of these court cases are fully explored. The actual text of key treaties, court decisions, and other legal documents pertaining to the five tribal controversies are featured and analyzed. Clearly presented, this in depth review of essential legal issues makes even the most difficult and complex judicial doctrines easy to understand by students and nonlawyers. This concise volume tracing the evolution of Native American sovereignty will supplement coursework in law, political science, U.S. history, and American Indian studies.
