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Broken Landscape
Broken Landscape is a sweeping chronicle of Indian tribal sovereignty under the United States Constitution and the way that legislators have interpreted and misinterpreted tribal sovereignty since the nation's founding. Frank Pommersheim, one of America's leading scholars in Indian tribal law, offers a novel and deeply researched synthesis of this legal history from colonial times to the present, confronting the failures of constitutional analysis in contemporary Indian law jurisprudence. He demonstrates that the federal government has repeatedly failed to respect the Constitution's recognition of tribal sovereignty. Instead, it has favored excessive, unaccountable authority in its dealings with tribes. Pommersheim argues that the Supreme Court has strayed from its Constitutional roots as well, consistently issuing decisions over two centuries that have bolstered federal power over the tribes. Closing with a proposal for a Constitutional amendment that would reaffirm tribal sovereignty, Broken Landscape challenges us to finally accord Indian tribes and Indian people the respect and dignity that are their due.
Braid of Feathers
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 ...
The Price of a Gift
Joseph Eagle Elk (1931?91) was an effective and highly respected traditional Lakota healer. He practiced for nearly thirty years, treating serious physical and mental illnesses among the people of the Rosebud Reservation and elsewhere. In 1990 he began collaborating on his memoir with Gerald Mohatt, a close friend and cross-cultural psychologist. Eagle Elk?s story of his life, practice, and beliefs provides a uniquely introspective, demystified, and informative look at the career of a traditional Native American healer. We learn how a persistent vision and recurring visits by thunder spirits led Eagle Elk long ago to become a healer. On a more general level, we gain valuable insights into ho...
Spiritual Criminals
A surprising look at the 28 Catholic radicals who raided a draft board in 1971—and got away with it. When the FBI arrested twenty-eight people in connection to a break-in at a Camden, New Jersey, draft board in 1971, the Bureau celebrated. The case should have been an easy victory for the department—the perpetrators had been caught red-handed attempting to destroy conscription documents for draftees into the Vietnam War. But the results of the trial surprised everyone, and in the process shook the foundations of American law, politics, and religion. In Spiritual Criminals, Michelle M. Nickerson shares a complex portrait of the Camden 28, a passionate group of grassroots religious progres...
Sovereign Immunity
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Crow Dog's Case
The first social history of American Indians' role in the making of American law sheds new light on Native American struggles for sovereignty and justice during the "century of dishonor," a time when their lands were lost and their tribes reduced to reservations.
The Future of Tradition
Recent years have seen an increased interest in the variety of cultures co-existing within one state, and a growing acknowledgement of the values ensconced in pluralistic social structures. this book examines the manner in which indigenous people can function in modern states, preserving their traditional customs, while simultaneously adapting aspects of their culture to the challenges posed by modern life. Whereas it was formerly assumed that these tribal frameworks were doomed to extinction, and some states even encouraged such a process, there has been a revival in their vitality, linked to a recognition of their rights. The book offers a comprehensive survey of various aspects of tribal ...
Arguing with Tradition
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.
