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Supreme Court Interpretation And Policymaking In American Indian Policy
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Book Synopsis Supreme Court Interpretation and Policymaking in American Indian Policy by : John Harlan Vinzant
Download or read book Supreme Court Interpretation and Policymaking in American Indian Policy written by John Harlan Vinzant and published by . This book was released on 2006 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1820's, the United States Supreme Court has been influential in crafting the doctrines that shaped federal American Indian policy. Over two centuries of American Indian policy and history, three major themes stand out. One, federal policy towards Indians has changed in five distinctive time periods. Two, tribes have witnessed a decline in sovereign powers. Three, the judiciary has had a huge impact and growing influence in these changes. The strong presence of courts in the policymaking process involving Indian affairs offers a case study of interpretation and judicial policymaking. In this qualitative dissertation, I focus on how judicial policymaking can be restrained. To do so, I analyze and explain the development of two areas of federal Indian policy: tribal legal and political protections from individual state power and the creation of the federal trust responsibility between the federal government and tribes. I assess where the Court has involved themselves in policymaking and how they were able to be effective. I define effectiveness as the ability to specify alternatives and consequences in such a way that other actors will be bound by a decision and the court can continue to be authoritative in future decisions on a policy. I identify the Supreme Court as a strong and effective policymaker in the areas of the trust responsibility and crafting political/legal protections. I then propose three factors that have determined its effectiveness. The three factors are: the presence of competing state/tribal interests; federal mandates or policy actions; and established precedents, legal language, or norms. I conclude that Congressional specificity is the dominant factor to restrain the policymaking role of the Court. Chapter 2 briefly traces the federal development of Indian policy. Chapters 3 and 4 explain the seminal Court cases from McIntosh v. Johnson (1823) to Lone Wolf v. Hitchcock (1906). Chapter 5 discusses the early creation of the Indian trust relationship or responsibility from the 1820's to the 1940's. Covering the modern cases since the 1950's, Chapters 6 through 8 explain how the Court has been able to interpret vague Congressional language to craft legal doctrine that significantly changed the nature of tribal sovereignty and state power. Chapter 9 concludes.
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 Reading American Indian Law by : Grant Christensen
Download or read book Reading American Indian Law written by Grant Christensen and published by Cambridge University Press. This book was released on 2019-12-12 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of American Indian law and policy usually focuses on federal statutes and court decisions, with these sources forming the basis for most textbooks. Virtually ignored is the robust and growing body of scholarly literature analyzing and contextualizing these primary sources. Reading American Indian Law is designed to fill that void. Organized into four parts, this book presents 16 of the most impactful law review articles written during the last three decades. Collectively, these articles explore the core concepts underlying the field: the range of voices including those of tribal governments and tribal courts, the role property has played in federal Indian law, and the misunderstandings between both people and sovereigns that have shaped changes in the law. Structured with flexibility in mind, this book may be used in a wide variety of classroom settings including law schools, tribal colleges, and both graduate and undergraduate programs.
Book Synopsis The Supreme Court's Role in American Indian Policy by : John Harlan Vinzant
Download or read book The Supreme Court's Role in American Indian Policy written by John Harlan Vinzant and published by LFB Scholarly Publishing. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vinzant demonstrates how the Supreme Court has been effective at shaping American Indian policy in the areas of tribal sovereignty and the trust responsibility. He explains how the Court, has been able to be very active in stripping away tribal sovereignty while Congress has responded to restrain the Court. Vinzant introduces the idea of effectiveness in judicial policymaking and argues that the Court has been highly effective in making American Indian policy.Vinzant demonstrates how the Supreme Court has been effective at shaping American Indian policy in the areas of tribal sovereignty and the trust responsibility. He explains how the Court, has been able to be very active in stripping away tribal sovereignty while Congress has responded to restrain the Court. Vinzant introduces the idea of effectiveness in judicial policymaking and argues that the Court has been highly effective in making American Indian policy.
Book Synopsis Law and the American Indian by : Monroe E. Price
Download or read book Law and the American Indian written by Monroe E. Price and published by Indianapolis : Bobbs-Merrill. This book was released on 1973 with total page 858 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Handbook of Federal Indian Law by : Felix S. Cohen
Download or read book Handbook of Federal Indian Law written by Felix S. Cohen and published by . This book was released on 1971 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Policing on American Indian Reservations by : Stewart Wakeling
Download or read book Policing on American Indian Reservations written by Stewart Wakeling and published by . This book was released on 2001 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Supreme Court and the Attitudinal Model Revisited by : Jeffrey A. Segal
Download or read book The Supreme Court and the Attitudinal Model Revisited written by Jeffrey A. Segal and published by Cambridge University Press. This book was released on 2002-09-16 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two leading scholars of the Supreme Court explain and predict its decision making.
Book Synopsis A Qualified Hope by : Gerald N. Rosenberg
Download or read book A Qualified Hope written by Gerald N. Rosenberg and published by Cambridge University Press. This book was released on 2019-08-29 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines whether the Indian Supreme Court can produce progressive social change and improve the lives of the relatively disadvantaged.
Book Synopsis Top Down Policymaking by : Thomas R. Dye
Download or read book Top Down Policymaking written by Thomas R. Dye and published by CQ Press. This book was released on 2001 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his eye-opening work, Dye explodes the myth that public policy represents the “demands of the people” and that the making of public policy flows upward from the masses. In reality, Dye argues, public policy in America, as in all nations, reflects the values, interests, and preferences of a governing elite. Top Down Policymaking is a close examination of the process by which the nation’s elite goes about the task of making public policy. Focusing on the behind-the-scenes activities of money foundations, policy planning organizations, think tanks, political campaign contributors, special-interest groups, lobbyists, law firms, influence-peddlers, and the national news media, Dye concludes that public policy is made from the top down.
Download or read book Our American Government written by and published by . This book was released on 2003 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Committee on House Administration is pleased to present this revised book on our United States Government. This publication continues to be a popular introductory guide for American citizens and those of other countries who seek a greater understanding of our heritage of democracy. The question-and-answer format covers a broad range of topics dealing with the legislative, executive, and judicial branches of our Government as well as the electoral process and the role of political parties.--Foreword.
Book Synopsis How Our Laws are Made by : John V. Sullivan
Download or read book How Our Laws are Made written by John V. Sullivan and published by . This book was released on 2007 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Civil Rights, the Constitution, and Congress, 1863-1869 by : Earl M. Maltz
Download or read book Civil Rights, the Constitution, and Congress, 1863-1869 written by Earl M. Maltz and published by . This book was released on 1990 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a close analysis of legislative proceedings and of the precise language used, Maltz builds a strong case that Congressional actions on civil rights, including statutes such as the Freedman's Bureau Bill, the District of Columbia Suffrage Bill, and the Civil Rights Act of 1866, as well as the thirteenth, fourteenth, and fifteenth amendments of the early Reconstruction era generally reflected the ideology and intentions of the more conservative Republicans. These "moderates" advocated limited absolute equality rather than total racial equality and opposed the undue federal regulation of private and state actions.
Book Synopsis The Problem of Indian Administration by : Brookings Institution. Institute for Government Research
Download or read book The Problem of Indian Administration written by Brookings Institution. Institute for Government Research and published by . This book was released on 1971 with total page 920 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Chicago Manual of Style by : University of Chicago. Press
Download or read book The Chicago Manual of Style written by University of Chicago. Press and published by . This book was released on 2003 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Searchable electronic version of print product with fully hyperlinked cross-references.
Book Synopsis Gangsters to Governors by : David Clary
Download or read book Gangsters to Governors written by David Clary and published by Rutgers University Press. This book was released on 2017-10-30 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2018 Current Events/Social Change Book Award from the Next Generation Indie Book Awards Winner of the 2018 Bronze Current Events Book Award from the Independent Publisher Book Awards Generations ago, gambling in America was an illicit activity, dominated by gangsters like Benny Binion and Bugsy Siegel. Today, forty-eight out of fifty states permit some form of legal gambling, and America’s governors sit at the head of the gaming table. But have states become addicted to the revenue gambling can bring? And does the potential of increased revenue lead them to place risky bets on new casinos, lotteries, and online games? In Gangsters to Governors, journalist David Clary investigates the pros and cons of the shift toward state-run gambling. Unearthing the sordid history of America’s gaming underground, he demonstrates the problems with prohibiting gambling while revealing how today’s governors, all competing for a piece of the action, promise their citizens payouts that are rarely delivered. Clary introduces us to a rogue’s gallery of colorful characters, from John “Old Smoke” Morrissey, the Irish-born gangster who built Saratoga into a gambling haven in the nineteenth century, to Sheldon Adelson, the billionaire casino magnate who has furiously lobbied against online betting. By exploring the controversial histories of legal and illegal gambling in America, he offers a fresh perspective on current controversies, including bans on sports and online betting. Entertaining and thought-provoking, Gangsters to Governors considers the past, present, and future of our gambling nation. Author's website (http://www.davidclaryauthor.com)
Book Synopsis Guidelines Manual by : United States Sentencing Commission
Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1988 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
