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Conquest by Law
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 disco...
Conquest by Law
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Forced Federalism
Over the past twenty years, American Indian policy has shifted from self-determination to “Forced Federalism” as indigenous nations in the United States have encountered new threats from state and local tribes over such issues as taxation, gaming, and homeland security. This book demonstrates how today's indigenous nations have taken unprecedented steps to reorient themselves politically in response to such challenges to their sovereignty.
Federal Courts in Context
Federal Courts deservedly have the reputation of being an exceptionally difficult course, and this book is designed to make it accessible to students by providing the context of cases and doctrines, as well as explaining their relevance to the issues being litigated in the 21st century. Federal Courts in Context supports what pedagogic research calls “deep learning.” It does so by framing federal jurisdiction and structural constitutional law using clear, concise explanations of the social and historical context of canonical cases to reveal the concrete stakes of traditional debates about federal judicial power. The result is an engaging, accessible, and richly textured account of the su...
The Supreme Court and Tribal Gaming
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 f...
New Directions in Law and Literature
This collection of essays by twenty-two prominent scholars from literature departments and law schools showcases the vibrancy of recent work in law and literature and highlights its many new directions since the field's heyday in the 1970s and 80s.
Yale Law Journal: Volume 124, Number 4 - January-February 2015
The contents of the January-February 2015 issue of the Yale Law Journal (Volume 124, Number 4) are: Articles: • "Cost-Benefit Analysis of Financial Regulation: Case Studies and Implications," John C. Coates IV • "Beyond the Indian Commerce Clause," Gregory Ablavsky Essays: • "On Evidence: Proving Frye as a Matter of Law, Science, and History," Jill Lepore • "The End of Jurisprudence," Scott Hershovitz Notes: • "Against the Tide: Connecticut Oystering, Hybrid Property, and the Survival of the Commons," Zachary C.M. Arnold • "Perceptions of Taxing and Spending: A Survey Experiment," Conor Clarke & Edward Fox Comments: • "The Psychology of Punishment and the Puzzle of Why Tortfeasor Death Defeats Liability for Punitive Damages," Roseanna Sommers • "The Case for Regulating Fully Autonomous Weapons," John Lewis • "From Child Protection to Children's Rights: Rethinking Homosexual Propaganda Bans in Human Rights Law," Ryan Thoreson Quality ebook formatting includes fully linked footnotes and an active Table of Contents (including linked Contents for all individual Articles, Notes, and Essays), proper Bluebook formatting, and active URLs in footnotes.
The Unsettlement of America
In The Unsettlement of America, Anna Brickhouse explores the fascinating career and ambivalent narrative legacy of Paquiquineo, a largely forgotten Native translator of the early modern Atlantic world. Encountered by Spanish explorers in 1561 near the future site of the Jamestown settlement, Paquiquineo traveled to Spain and from there to Mexico, where he was christened as Don Luis de Velasco. Regarded as a promising envoy to indigenous populations, Don Luis experienced nearly a decade of European civilization before thwarting the Spanish colonization of Ajacán, his native land on the eastern seaboard, in a dramatic act of unsettlement. Throughout this sweeping account, Brickhouse argues fo...
