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The Road
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1980.
Aboriginal Justice and the Charter
Aboriginal Justice and the Charter explores the tension between Aboriginal justice methods and the Canadian Charter of Rights and Freedoms, seeking practical ways to implement Aboriginal justice. David Milward examines nine legal rights guaranteed by the Charter and undertakes a thorough search for interpretations sensitive to Aboriginal culture. Much of the previous literature in this area has dealt with idealized notions of what Aboriginal justice might be. Here, David Milward strikes out into new territory to examine why Indigenous communities seek to explore different paths in this area, and to identify some of the applicable constitutional constraints. This book considers a number of specific areas of the criminal justice process in which Indigenous communities may wish to adopt different approaches, tests these approaches against constitutional imperatives, and offers practical proposals for reconciling the various matters at stake. Milward grapples with the difficult questions of how Aboriginal justice systems can be fair to its constituents while complying with the protections guaranteed all Canadians by the Charter.
Silencing the Opposition
Examines major challenges to the Fist Amendment and focuses on the extremely important paradigm shift of freedom of expression in the post-9/11 era.
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.
Claiming the Stones, Naming the Bones
These fourteen essays address controversies over a variety of cultural properties, exploring them from perspectives of law, archeology, physical anthropology, ethnobiology, ethnomusicology, history, and cultural and literary study. The book divides cultural property into three types: Tangible, unique property like the Parthenon marbles; intangible property such as folktales, music, and folk remedies; and communal "representations," which have lead groups to censor both outsiders and insiders as cultural traitors.
Many Nations under Many Gods
The lands the United States claims sovereignty over by right of the Doctrine of Discovery are home to more than five hundred Indian nations, each with its own distinct culture, religion, language, and history. Yet these Indians, and federal Indian law, rarely factor into the decisions of the country’s governing class—as recent battles over national monuments on tribal sites have made painfully clear. A much-needed intervention, Many Nations under Many Gods brings to light the invisible histories of several Indian nations, as well as their struggles to protect the integrity of sacred and cultural sites located on federal public lands. Todd Allin Morman focuses on the history of Indian peo...
Native American Spirituality
This volume offers a stimulating, multidisciplinary set of essays by noted Native and non-Native scholars that explore the problems and prospects of understanding and writing about Native American spirituality in the twenty-first century. Considerable attention is given to the appropriateness and value of different interpretive paradigms for Native religion, including both traditional religion and Native Christianity. The book also investigates the ethics of religious representation, issues of authenticity, the commodification of spirituality, and pedagogical practices. Of special interest is the role of dialogue in expressing and understanding Native American religious beliefs and practices. A final set of essays explores the power of and reactions to Native spirituality from a long-term, historical perspective.
Wise Practices
This volume explores the relationship between Indigenous self-determination - specifically practices of law and governance - and Indigenous social and economic development.
The American Empire and the Fourth World
In a book that Naomi Klein says could "change the world," Anthony Hall shows that the globalization debate actually began in 1492.
Six Hundred Generations
Six Hundred Generations is a stunning look at the archaeological evidence of Montana's long Indigenous human history. Focusing on 12 unique archaeological sites, the book takes readers on an extraordinary journey through time, technologies, and cultures. Beginning with the First Americans who followed mammoths into this landscape, peer-awarded Montana archaeologist Carl Davis describes how Native Americans lived, evolved and flourished here for thousands of years. The engaging writing is accompanied by a rich array of photographs of archaeological sites, artifacts, and rock art, along with conceptual illustrations of Montana's Indigenous peoples by noted artist-archaeologist Eric Carlson.
