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Landmark Indian Law Cases
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Book Synopsis Landmark Indian Law Cases by : American Association of Law Libraries
Download or read book Landmark Indian Law Cases written by American Association of Law Libraries and published by William S. Hein. This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Landmark Indian Law Cases presents fifty-three groundbreaking decisions made by the United States Supreme Court in the area of federal Indian law. Since the last revision (entitled Top Fifty and first published in 1988), the Court has made new pronouncements on tribal hunting and fishing rights, Alaska Native sovereignty, and tribal sovereign immunity from suit and tribal court jurisdiction. These have helped define the powers of the more than 550 American Indian and Alaskan Native tribes that represent the third sovereignty in the United States (along with the federal government and the states) and provide a glimpse into future decisions of the Court. The cases examined represent not only the decisions that resolve important questions and set forth broad principles of federal Indian Law, but also ones which have practical implications for real-life situations currently affecting American Indian and Alaska native tribes. The book's subject index of cases provides a quick reference aid, and all cases are listed under one or more relevant subject headings. The federal Indian law jurisprudence of the Court spans two centuries of U.S. history, and the decisions have reshaped the federal-tribal relationship and the role of states and tribes in the nation's federalism. This work is tremendously useful to lawyers, scholars, judges, and other practitioners, and it is certain to become a fixture in law libraries throughout the United States.
Book Synopsis Landmark Indian Law Cases by : Joel West Williams
Download or read book Landmark Indian Law Cases written by Joel West Williams and published by . This book was released on 2022 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Native American Rights Fund's National Indian Law Library (NILL) presents the second edition of Landmark Indian Law Cases. This edition contains fifty-four landmark decisions decided by the United States Supreme Court in the field of federal Indian law. It is a unique, invaluable collection for those working or interested in this field. The first edition of this publication (1988) was created as a resource to collate the Supreme Court's significant federal Indian law decisions. It was revised in 1990, and then again in May 2000 reflecting another decade of important decisions. The 2000 edition included new pronouncements on tribal hunting and fishing rights, Alaska Native sovereignty, tribal sovereign immunity from suit, and tribal court jurisdiction. Besides new content, several changes were made in the 2000 revised edition. The addition of three new cases, necessitated a name change from Top Fifty Indian Law Cases to Landmark Indian Law Cases. The new title also reflected the plan to consider inclusion of important courts of appeals cases in future editions. Also, in cooperation with Westlaw, West Headnotes were added to all of the cases. Finally, asterisks were added to note cases for which the National Indian Law Library has access to pleadings. Likewise, this latest edition includes several changes and improvements. First, this edition adds five cases that were either decided or gained elevated significance in the twenty years since the last edition. Five cases whose prominence have waned are no longer included in this edition. Finally, for each case a summary has been added to explain why it is a landmark Indian law case and the key holding(s) of the decision. West Headnotes are again included with permission from Thompson Reuters.--Publisher.
Book Synopsis The Supreme Court and Tribal Gaming by : Ralph A. Rossum
Download or read book The Supreme Court and Tribal Gaming written by Ralph A. Rossum and published by University Press of Kansas. This book was released on 2011-04-27 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the Cabazon Band of Mission Indians-a small tribe of only 25 members-first opened a high-stakes bingo parlor, the operation was shut down by the State of California as a violation of its gambling laws. It took a Supreme Court decision to overturn the state's action, confirm the autonomy of tribes, and pave the way for other tribes to operate gaming centers throughout America. Ralph Rossum explores the origins, arguments, and impact of California v. Cabazon Band of Mission Indians, the 1987 Supreme Court decision that reasserted the unique federally supported sovereignty of Indian nations, effectively barring individual states from interfering with that sovereignty and opening the door for the explosive growth of Indian casinos over the next two decades. Rossum has crafted an evenhanded overview of the case itself-its origins, how it was argued at every level of the judicial system, and the decision's impact-as he brings to life the essential debates pitting Indian rights against the regulatory powers of the states. He also provides historical grounding for the case through a cogent analysis of previous Supreme Court decisions and legislative efforts from the late colonial period to the present, tracking the troubled course of Indian law through a terrain of abrogated treaties, unenforced court decisions, confused statutes, and harsh administrative rulings. In its decision, the Court held that states are barred from interfering with tribal gaming enterprises catering primarily to non-Indian participants and operating in Indian country. As a result of that ruling-and of Congress's subsequent passage of the Indian Gaming Regulatory Act-tribal gaming has become a multibillion dollar business encompassing 425 casinos operated by 238 tribes in 29 states. Such enormous growth has funded a renaissance of reservation self-governance and culture, once written off as permanently impoverished. As Rossum shows, Cabazon also brings together in one case a debate over the meaning of tribal sovereignty, the relationship of tribes to the federal government and the states, and the appropriateness of having distinctive canons of construction for federal Indian law. His concise and insightful study makes clear the significance of this landmark case as it attests to the sovereignty of both Native Americans and the law.
Book Synopsis Landmark Judgements That Changed India by : Asok K. Ganguly
Download or read book Landmark Judgements That Changed India written by Asok K. Ganguly and published by Rupa Publications India. This book was released on 2015-08-02 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: The executive, the legislature and the judiciary are the three branches of government, both state and central, in India. Of these, it is the judiciary's task to uphold constitutional values and ensure justice for all. The interpretation and application of constitutional values by the judicial system has had far-reaching impact, often even altering provisions of the Constitution itself. Although our legal system was originally based on the broad principles of the English common law, over the years it has been adapted to Indian traditions and been changed, for the better, by certain landmark verdicts. In Landmark Judgments that Changed India, former Supreme Court judge and eminent jurist Asok Kumar Ganguly analyses certain cases that led to the formation of new laws and changes to the legal system. Discussed in this book are judgments in cases such as Kesavananda Bharati v. State of Kerala that curtailed the power of Parliament to amend the Constitution; Maneka Gandhi v. Union of India and Others that defined personal liberty; and Golaknath v. State of Punjab, where it was ruled that amendments which infringe upon fundamental rights cannot be passed. Of special significance for law students and practitioners, this book is also an ideal guide for anyone interested in the changes made to Indian laws down the years, and the evolution of the judicial system to what it is today.
Book Synopsis In the Courts of the Conquerer by : Walter Echo-Hawk
Download or read book In the Courts of the Conquerer written by Walter Echo-Hawk and published by Fulcrum Publishing. This book was released on 2018-03-26 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in paperback, an important account of ten Supreme Court cases that changed the fate of Native Americans, providing the contemporary historical/political context of each case, and explaining how the decisions have adversely affected the cultural survival of Native people to this day.
Book Synopsis Cherokee Nation V. Georgia by : Victoria Sherrow
Download or read book Cherokee Nation V. Georgia written by Victoria Sherrow and published by . This book was released on 1997 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Victoria Sherrow examines a series of cases in the 1830s, including Cherokee Nation v. Georgia and Worcester v. Georgia, all dealing with the legal rights of the Cherokee people to govern themselves as an independent and sovereign nation and to own their own land. The Cherokee people were consistently denied any legal rights.
Book Synopsis The Dramatic Decade – Landmark Cases of Modern India by : Indu Bhan
Download or read book The Dramatic Decade – Landmark Cases of Modern India written by Indu Bhan and published by Penguin Random House India Private Limited. This book was released on 2017-12-13 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The courts in India are struggling with a huge backlog of cases. As of 2016, there are 27 million pending cases and close to 90 million people are still waiting for justice. To the common man, this is just a number. But some cases have impacted the collective conscious of the entire nation. These include the trial of Afzal Guru, the Nirbhaya case, the criminalization of homosexuality, the Parliament attack case, the Babri Masjid demolition and the 26/11 Mumbai attacks. There was a lot that happened inside the courts during these trials which has remained hidden from public view. The Dramatic Decade is a collection of these stories. The book gives the reader a ringside view of what happened both inside and outside the courts. What were the arguments made, which lawyers fought the cases, what was the court's judgment and how did it affect the common man are some of the many questions answered here.
Download or read book A Digest of Indian Law Cases written by and published by . This book was released on 1902 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Universal's Landmark Judgments written by and published by . This book was released on 2017 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis American Indians and the Law by : N. Bruce Duthu
Download or read book American Indians and the Law written by N. Bruce Duthu and published by Penguin. This book was released on 2008-01-31 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: A perfect introduction to a vital subject very few Americans understand-the constitutional status of American Indians Few American s know that Indian tribes have a legal status unique among America's distinct racial and ethnic groups: they are sovereign governments who engage in relations with Congress. This peculiar arrangement has led to frequent legal and political disputes-indeed, the history of American Indians and American law has been one of clashing values and sometimes uneasy compromise. In this clear-sighted account, American Indian scholar N. Bruce Duthu explains the landmark cases in Indian law of the past two centuries. Exploring subjects as diverse as jurisdictional authority, control of environmental resources, and the regulations that allow the operation of gambling casinos, American Indians and the Law gives us an accessible entry point into a vital facet of Indian history.
Book Synopsis A Digest of Indian Law Cases by : Joseph Vere Woodman
Download or read book A Digest of Indian Law Cases written by Joseph Vere Woodman and published by . This book was released on 1910 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 10 Judgements That Changed India by : Zia Mody
Download or read book 10 Judgements That Changed India written by Zia Mody and published by Penguin UK. This book was released on 2013-08-15 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who was Shah Bano and why was her alimony pertinent to India’s Secularism? Does the fundamental right to life include the right to livelihood and shelter? Where there is the right to live, is there also the right to die? How did Bhanwari Devi’s Rape help define sexual harassment at the workplace? Here are the Supreme Court's ten pivotal judgements that have transformed Indian democracy and redefined our daily, lives. Exploring vital themes such as custodial deaths, reservations and environmental jurisprudence, this book contextualizes the judgements, explains key concepts and maps their impacts. Written by one of India's most respected lawyers, Ten Judgements That Changed India is an authoritative yet accessible read for anyone keen to understand India's legal system and the foundations of our democracy.
Book Synopsis The Cherokee Cases by : Jill Norgren
Download or read book The Cherokee Cases written by Jill Norgren and published by University of Oklahoma Press. This book was released on 2004 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This compact history is the first to explore two landmark U.S. Supreme Court cases of the early 1830s: Cherokee Nation v. Georgia and Worcester v. Georgia. Legal historian Jill Norgren details the extraordinary story behind these cases, describing how John Ross and other leaders of the Cherokee Nation, having internalized the principles of American law, tested their sovereignty rights before Chief Justice John Marshall in the highest court of the land. The Cherokees’ goal was to solidify these rights and to challenge the aggressive actions that the government and people of Georgia carried out against them under the aegis of law. Written in a style accessible both to students and to general readers, The Cherokee Cases is an ideal guide to understanding the political development of the Cherokee Nation in the early nineteenth century and the tragic outcome of these cases so critical to the establishment of U.S. federal Indian law.
Book Synopsis Like a Loaded Weapon by : Robert A. Williams
Download or read book Like a Loaded Weapon written by Robert A. Williams and published by U of Minnesota Press. This book was released on 2005-11-10 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Robert A. Williams Jr. boldly exposes the ongoing legal force of the racist language directed at Indians in American society. Fueled by well-known negative racial stereotypes of Indian savagery and cultural inferiority, this language, Williams contends, has functioned “like a loaded weapon” in the Supreme Court’s Indian law decisions. Beginning with Chief Justice John Marshall’s foundational opinions in the early nineteenth century and continuing today in the judgments of the Rehnquist Court, Williams shows how undeniably racist language and precedent are still used in Indian law to justify the denial of important rights of property, self-government, and cultural survival to Indians. Building on the insights of Malcolm X, Thurgood Marshall, and Frantz Fanon, Williams argues that racist language has been employed by the courts to legalize a uniquely American form of racial dictatorship over Indian tribes by the U.S. government. Williams concludes with a revolutionary proposal for reimagining the rights of American Indians in international law, as well as strategies for compelling the current Supreme Court to confront the racist origins of Indian law and for challenging bigoted ways of talking, thinking, and writing about American Indians. Robert A. Williams Jr. is professor of law and American Indian studies at the James E. Rogers College of Law, University of Arizona. A member of the Lumbee Indian Tribe, he is author of The American Indian in Western Legal Thought: The Discourses of Conquest and coauthor of Federal Indian Law.
Book Synopsis A Lawyer in Indian Country by : Alvin J. Ziontz
Download or read book A Lawyer in Indian Country written by Alvin J. Ziontz and published by University of Washington Press. This book was released on 2011-03-01 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his memoir, Alvin Ziontz reflects on his more than thirty years representing Indian tribes, from a time when Indian law was little known through landmark battles that upheld tribal sovereignty. He discusses the growth and maturation of tribal government and the underlying tensions between Indian society and the non-Indian world. A Lawyer in Indian Country presents vignettes of reservation life and recounts some of the memorable legal cases that illustrate the challenges faced by individual Indians and tribes. As the senior attorney arguing U.S. v. Washington, Ziontz was a party to the historic 1974 Boldt decision that affirmed the Pacific Northwest tribes' treaty fishing rights, with ramifications for tribal rights nationwide. His work took him to reservations in Montana, Wyoming, and Minnesota, as well as Washington and Alaska, and he describes not only the work of a tribal attorney but also his personal entry into the life of Indian country. Ziontz continued to fight for tribal rights into the late 1990s, as the Makah tribe of Washington sought to resume its traditional whale hunts. Throughout his book, Ziontz traces his own path through this public history - one man's pursuit of a life built around the principles of integrity and justice.
Book Synopsis Lone Wolf V. Hitchcock by : Blue Clark
Download or read book Lone Wolf V. Hitchcock written by Blue Clark and published by U of Nebraska Press. This book was released on 1999-01-01 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Landmark court cases in the history of formal U.S. relations with Indian tribes are Corn Tassel, Standing Bear, Crow Dog, and Lone Wolf. Each exemplifies a problem or a process as the United States defined and codified its politics toward Indians. The importance of the Lone Wolf case of 1903 resides in its enunciation of the "plenary power" doctrine?that the United States could unilaterally act in violation of its own treaties and that Congress could dispose of land recognized by treaty as belonging to individual tribes. In 1892 the Kiowas and related Comanche and Plains Apache groups were pressured into agreeing to divide their land into allotments under the terms of the Dawes Act of 1887. Lone Wolf, a Kiowa band leader, sued to halt the land division, citing the treaties signed with the United States immediately after the Civil War. In 1902 the case reached the Supreme Court, which found that Congress could overturn the treaties through the doctrine of plenary power. As he recounts the Lone Wolf case, Clark reaches beyond the legal decision to describe the Kiowa tribe itself and its struggles to cope with Euro-American pressure on its society, attitudes, culture, economic system, and land base. The story of the case therefore also becomes the history of the tribe in the late nineteenth century. The Lone Wolf case also necessarily becomes a study of the Dawes Allotment Act of 1887 in operation; under the terms of the Dawes Act and successor legislation, almost two-thirds of Indian lands passed out of their hands within a generation. Understanding how this happened in the case of the Kiowa permits a nuanced view of the well-intentioned but ultimately disastrous allotment effort.
