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The Legal Ideology of Removal
This study is the first to show how state courts enabled the mass expulsion of Native Americans from their southern homelands in the 1830s. Our understanding of that infamous period, argues Tim Alan Garrison, is too often molded around the towering personalities of the Indian removal debate, including President Andrew Jackson, Cherokee leader John Ross, and United States Supreme Court Justice John Marshall. This common view minimizes the impact on Indian sovereignty of some little-known legal cases at the state level. Because the federal government upheld Native American self-dominion, southerners bent on expropriating Indian land sought a legal toehold through state supreme court decisions....
The Native South
In The Native South, Tim Alan Garrison and Greg O'Brien assemble contributions from leading ethnohistorians of the American South in a state-of-the-field volume of Native American history from the sixteenth to the twenty-first century. Spanning such subjects as Seminole-African American kinship systems, Cherokee notions of guilt and innocence in evolving tribal jurisprudence, Indian captives and American empire, and second-wave feminist activism among Cherokee women in the 1970s, The Native South offers a dynamic examination of ethnohistorical methodology and evolving research subjects in southern Native American history. Theda Perdue and Michael Green, pioneers in the modern historiography ...
Encyclopedia of United States Indian Policy and Law SET
An essential reference on the reciprocal role that U.S. and Native policy and law have played in American political development Created by a culturally diverse editorial board of major scholars and containing invaluable bibliographic material not found in other publications, this definitive two-volume set examines the history and impact of U.S. relations with Native Americans. Extensive essays trace policies from the Continental Congress to the present day—including the role that managing the “Indian question” has played in American political development—while A to Z entries cover everything critical to a full understanding of the context to U.S./Native American relations, from history, politics, and sociology to civil rights and culture. The set is also the first reference of its kind to incorporate the expanding scholarship reflecting both the Native American viewpoint on and response to federal policies and initiatives over time.
Before the Paper Chase
Before the Paper Chase: The Scholarship of Law School Preparation and Admissions contains the best of the recent qualitative and quantitative research on the law school application process and the law school experience. Over the years, numerous books have offered advice to students on how to get into law school; no work, however, has ever provided those interested in law school with information about what the scholars say about legal education and the admissions process. The editors have gathered insightful articles from academic journals and law reviews on a variety of topics relevant to the admissions experience, including the Law School Admissions Test; the ranking of law schools by natio...
Signposts
In Signposts, Sally E. Hadden and Patricia Hagler Minter have assembled seventeen essays, by both established and rising scholars, that showcase new directions in southern legal history across a wide range of topics, time periods, and locales. The essays will inspire today's scholars to dig even more deeply into the southern legal heritage, in much the same way that David Bodenhamer and James Ely's seminal 1984 work, Ambivalent Legacy, inspired an earlier generation to take up the study of southern legal history. Contributors to Signposts explore a wide range of subjects related to southern constitutional and legal thought, including real and personal property, civil rights, higher education...
The Four Vision Quests of Jesus
• Christian theology as seen through the lens of Native American tradition A unique look at Christian biblical interpretation and theology from the perspective of Native American tradition, this book focuses on four specific experiences of Jesus as portrayed in the synoptic gospels. It examines each story as a “vision quest,” a universal spiritual phenomenon, but one of particular importance within North American indigenous communities. Jesus’ experience in the wilderness is the first quest. It speaks to a foundational Native American value: the need to enter into the “we” rather than the “I.” The Transfiguration is the second quest, describing the Native theology of transcendent spirituality that impacts reality and shapes mission. Gethsemane is the third quest. It embodies the Native tradition of the holy men or women, who find their freedom through discipline and concerns for justice, compassion, and human dignity. Golgotha is the final quest. It represents the Native sacrament of sacrifice (e.g., the Sun Dance). The chapter on Golgotha is a discussion of kinship, balance, and harmony: all primary to Native tradition and integral to Christian thought.
Making Indian Law
In 1941, a groundbreaking U.S. Supreme Court decision changed the field of Indian law, setting off an intellectual and legal revolution that continues to reverberate around the world. This book tells for the first time the story of that case, United States, as Guardian of the Hualapai Indians of Arizona, v. Santa Fe Pacific Railroad Co., which ushered in a new way of writing Indian history to serve the law of land claims. Since 1941, the Hualapai case has travelled the globe. Wherever and whenever indigenous land claims are litigated, the shadow of the Hualapai case falls over the proceedings. Threatened by railroad claims and by an unsympathetic government in the post - World War I years, Hualapai activists launched a campaign to save their reservation, a campaign which had at its centre documenting the history of Hualapai land use. The book recounts how key individuals brought the case to the Supreme Court against great odds and highlights the central role of the Indians in formulating new understandings of native people, their property, and their past.
The Literary and Legal Genealogy of Native American Dispossession
The Literary and Legal Genealogy of Native American Dispossession offers a unique interpretation of how literary and public discourses influenced three U.S. Supreme Court Rulings written by Chief Justice John Marshall with respect to Native Americans. These cases, Johnson v. M’Intosh (1823), Cherokee Nation v. Georgia (1831) and Worcester v. Georgia (1832), collectively known as the Marshall Trilogy, have formed the legal basis for the dispossession of indigenous populations throughout the Commonwealth. The Trilogy cases are usually approached as ‘pure’ legal judgments. This book maintains, however, that it was the literary and public discourses from the early sixteenth through to the early nineteenth centuries that established a discursive tradition which, in part, transformed the American Indians from owners to ‘mere occupants’ of their land. Exploring the literary genesis of Marshall’s judgments, George Pappas draws on the work of Michel Foucault, Edward Said and Homi Bhabha, to analyse how these formative U.S. Supreme Court rulings blurred the distinction between literature and law.
The Blessings of Liberty
This concise, accessible text provides students with a history of American constitutional development in the context of political, economic, and social change. Constitutional historian Michael Benedict stresses the role that the American people have played over time in defining the powers of government and the rights of individuals and minorities. He covers important trends and events in U.S. constitutional history, encompassing key Supreme Court and lower-court cases. The volume begins by discussing the English and colonial origins of American constitutionalism. Following an analysis of the American Revolution's meaning to constitutional history, the text traces the Constitution's evolution from the Early Republic to the present day. This fourth edition is updated to include the 2016 election, the Trump administration, the 2020 election, and the first activities of the Biden administration.
Rivers of Sand
2017 James F. Sulzby Book Award from the Alabama Historical Association At its height the Creek Nation comprised a collection of multiethnic towns and villages with a domain stretching across large parts of Alabama, Georgia, and Florida. By the 1830s, however, the Creeks had lost almost all this territory through treaties and by the unchecked intrusion of white settlers who illegally expropriated Native soil. With the Jackson administration unwilling to aid the Creeks, while at the same time demanding their emigration to Indian territory, the Creek people suffered from dispossession, starvation, and indebtedness. Between the 1825 Treaty of Indian Springs and the arrival of detachment six in ...
