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The Marshall Decision And Native Rights
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Book Synopsis The Marshall Decision and Native Rights by : Kenneth Coates
Download or read book The Marshall Decision and Native Rights written by Kenneth Coates and published by McGill-Queen's Press - MQUP. This book was released on 2000 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the events, personalities, and conflicts that brought the Maritimes to the brink of a major confrontation between Mi'kmaq and the non-Mi'kmaq fishers in the fall of 1999, and the author explains the cross-cultural, legal, and political implications of the recent Supreme Court decision in the Donald Marshall case.
Book Synopsis Truth and Conviction by : L. Jane McMillan
Download or read book Truth and Conviction written by L. Jane McMillan and published by UBC Press. This book was released on 2019-01-08 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: The name “Donald Marshall Jr.” is synonymous with “wrongful conviction” and the fight for Indigenous rights in Canada. In Truth and Conviction, Jane McMillan – Marshall’s former partner, an acclaimed anthropologist, and an original defendant in the Supreme Court’s Marshall decision on Indigenous fishing rights – tells the story of how Marshall’s fight against injustice permeated Canadian legal consciousness and revitalized Indigenous law. Marshall was destined to assume the role of hereditary chief of the Mi’kmaw Nation when, in 1971, he was wrongly convicted of murder. He spent more than eleven years in jail before a royal commission exonerated him and exposed the entrenched racism underlying the terrible miscarriage of justice. Four years later, in 1993, he was charged with fishing eels without a licence. With the backing of Mi’kmaw chiefs, he took the case all the way to the Supreme Court to vindicate Indigenous treaty rights in the landmark Marshall decision. Marshall was only fifty-five when he died in 2009. His legacy lives on as Mi’kmaq continue to assert their rights and build justice programs grounded in customary laws and practices, key steps in the path to self-determination and reconciliation.
Book Synopsis Buying America from the Indians by : Blake A. Watson
Download or read book Buying America from the Indians written by Blake A. Watson and published by . This book was released on 2022-08-02 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: Johnson v. McIntosh and its impact offers a comprehensive historical and legal overview of Native land rights since the European discovery of the New World. Watson sets the case in rich historical context. After tracing Anglo-American views of Native land rights to their European roots, Watson explains how speculative ventures in Native lands affected not only Indian peoples themselves but the causes and outcomes of the French and Indian War, the American Revolution, and ratification of the Articles of Confederation. He then focuses on the transactions at issue in Johnson between the Illinois and Piankeshaw Indians, who sold their homelands, and the future shareholders of the United Illinois and Wabash Land Companies.
Book Synopsis Power Without Law by : Alex M. Cameron
Download or read book Power Without Law written by Alex M. Cameron and published by . This book was released on 2009 with total page 255 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 1997 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Himself a Lumbee Indian and political scientist, David E. Wilkins charts the "fall in our democratic faith" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. These case studies--and their implications for all minority groups--are important and timely in the context of American government re-examining and redefining itself.
Book Synopsis Conquest by Law by : Lindsay G. Robertson
Download or read book Conquest by Law written by Lindsay G. Robertson and published by Oxford University Press. This book was released on 2005-08-25 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1823, Chief Justice John Marshall handed down a Supreme Court decision of monumental importance in defining the rights of indigenous peoples throughout the English-speaking world. At the heart of the decision for Johnson v. M'Intosh was a "discovery doctrine" that gave rights of ownership to the European sovereigns who "discovered" the land and converted the indigenous owners into tenants. Though its meaning and intention has been fiercely disputed, more than 175 years later, this doctrine remains the law of the land. In 1991, while investigating the discovery doctrine's historical origins Lindsay Robertson made a startling find; in the basement of a Pennsylvania furniture-maker, he discovered a trunk with the complete corporate records of the Illinois and Wabash Land Companies, the plaintiffs in Johnson v. M'Intosh. Conquest by Law provides, for the first time, the complete and troubling account of the European "discovery" of the Americas. This is a gripping tale of political collusion, detailing how a spurious claim gave rise to a doctrine--intended to be of limited application--which itself gave rise to a massive displacement of persons and the creation of a law that governs indigenous people and their lands to this day.
Book Synopsis Power Without Law by : Alex M. Cameron
Download or read book Power Without Law written by Alex M. Cameron and published by McGill-Queen's Press - MQUP. This book was released on 2009 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court of Canada decision in the Marshall case asserted sweeping Native treaty rights and generated intense controversy. In Power without Law Alex Cameron enlivens the debate over judicial activism with an unprecedented examination of the details of the Marshall case, analyzing the evidence and procedure in the trial court and tracing the legal arguments through the Court of Appeal to the Supreme Court of Canada. He argues that there were critical defects in the process - the successful argument at the Supreme Court of Canada was never tested in the lower courts, the Crown's expert was precluded from testifying about a vital document, the Court's analysis does not accord with the historical evidence, and the treaty rights are inconsistent with the colonial law of Nova Scotia. Concluding that the Marshall decision was the result of incautious judicial activism, Power without Law challenges us to reconsider the role of our courts in the Charter era.
Book Synopsis Conquest by Law by : Lindsay G. Robertson
Download or read book Conquest by Law written by Lindsay G. Robertson and published by Oxford University Press. This book was released on 2005-08-25 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1823, Chief Justice John Marshall handed down a Supreme Court decision of monumental importance in defining the rights of indigenous peoples throughout the English-speaking world. At the heart of the decision for Johnson v. M'Intosh was a "discovery doctrine" that gave rights of ownership to the European sovereigns who "discovered" the land and converted the indigenous owners into tenants. Though its meaning and intention has been fiercely disputed, more than 175 years later, this doctrine remains the law of the land. In 1991, while investigating the discovery doctrine's historical origins Lindsay Robertson made a startling find; in the basement of a Pennsylvania furniture-maker, he discovered a trunk with the complete corporate records of the Illinois and Wabash Land Companies, the plaintiffs in Johnson v. M'Intosh. Conquest by Law provides, for the first time, the complete and troubling account of the European "discovery" of the Americas. This is a gripping tale of political collusion, detailing how a spurious claim gave rise to a doctrine--intended to be of limited application--which itself gave rise to a massive displacement of persons and the creation of a law that governs indigenous people and their lands to this day.
Book Synopsis Telling it to the Judge by : Arthur J. Ray
Download or read book Telling it to the Judge written by Arthur J. Ray and published by McGill-Queen's Press - MQUP. This book was released on 2011-10-17 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arthur Ray's extensive knowledge in the history of the fur trade and Native economic history brought him into the courts as an expert witness in the mid-1980s. For over twenty-five years he has been a part of landmark litigation concerning treaty rights, Aboriginal title, and Métis rights. In Telling It to the Judge, Ray recalls lengthy courtroom battles over lines of evidence, historical interpretation, and philosophies of history, reflecting on the problems inherent in teaching history in the adversarial courtroom setting. Told with charm and based on extensive experience, Telling It to the Judge is a unique narrative of courtroom strategy in the effort to obtain constitutional recognition of Aboriginal and treaty rights.
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 363 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 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 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 Collections and Objections by : Michelle A. Hamilton
Download or read book Collections and Objections written by Michelle A. Hamilton and published by McGill-Queen's Press - MQUP. This book was released on 2010 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: A nuanced study of conflicts over possession of Aboriginal artifacts.
Book Synopsis The Constitutional Decisions of John Marshall by : John Marshall
Download or read book The Constitutional Decisions of John Marshall written by John Marshall and published by . This book was released on 1905 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Our History Is the Future by : Nick Estes
Download or read book Our History Is the Future written by Nick Estes and published by Haymarket Books. This book was released on 2024-07-16 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Awards: One Book South Dakota Common Read, South Dakota Humanities Council, 2022. PEN Oakland/Josephine Miles Literary Award, PEN America, 2020. One Book One Tribe Book Award, First Nations Development Institute, 2020. Finalist, Stubbendieck Great Plains Distinguished Book Prize, 2019. Shortlist, Brooklyn Public Library Literary Prize, 2019. Our History Is the Future is at once a work of history, a personal story, and a manifesto. Now available in paperback on the fifth anniversary of its original publication, Our History Is the Future features a new afterword by Nick Estes about the rising indigenous campaigns to protect our environment from extractive industries and to shape new ways of relating to one another and the world. In this award-winning book, Estes traces traditions of Indigenous resistance leading to the present campaigns against fossil fuel pipelines, such as the Dakota Access Pipeline Protests, from the days of the Missouri River trading forts through the Indian Wars, the Pick-Sloan dams, the American Indian Movement, and the campaign for Indigenous rights at the United Nations. In 2016, a small protest encampment at the Standing Rock reservation in North Dakota, initially established to block construction of the Dakota Access oil pipeline, grew to be the largest Indigenous protest movement in the twenty-first century, attracting tens of thousands of Indigenous and non-Native allies from around the world. Its slogan “Mni Wiconi”—Water Is Life—was about more than just a pipeline. Water Protectors knew this battle for Native sovereignty had already been fought many times before, and that, even with the encampment gone, their anti-colonial struggle would continue. While a historian by trade, Estes draws on observations from the encampments and from growing up as a citizen of the Oceti Sakowin (the Nation of the Seven Council Fires) and his own family’s rich history of struggle.
Book Synopsis Native Liberty, Crown Sovereignty by : Bruce Clark
Download or read book Native Liberty, Crown Sovereignty written by Bruce Clark and published by McGill-Queen's Press - MQUP. This book was released on 1990-10-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: The cornerstone of Clark's argument is the 1763 Royal Proclamation which forbade non-natives under British authority to molest or disturb any tribe or tribal territory in British North America. Clark contends that this proclamation had legislative force and that, since imperial law on this matter has never been repealed, the right to self-government continues to exist for Canadian natives.
Book Synopsis Religious Freedom and Indian Rights by : Carolyn Nestor Long
Download or read book Religious Freedom and Indian Rights written by Carolyn Nestor Long and published by Landmark Law Cases and American Society. This book was released on 2000 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Supreme Court's controversial decision in Oregon v. Smith sharply departed from previous expansive readings of the First Amendment's religious freedom clause and ignited a firestorm of protest from legal scholars, religious groups, legislators, and Native Americans. A major event in Native American history, the case attracted widespread support for the Indian cause from a diverse array of religious groups eager to protect their own religious freedom and led to an intense tug-of-war between the Court and Congress. Carolyn Long provides the first book-length analysis of Smith and shows shy it continues to resonate so deeply in the American psyche."--Back cover.
