Green & Gold Speaker Series 2022/23: JUSTICE

Injustice in Indian Country: Jurisdiction, American Law, and Sexual Violence Against Native Women

Living at the intersection of multiple identities in the United States can be dangerous. This is especially true for Native women who live on the more than 56 million acres that comprise America's Indian Country - the legal term for American Indian reservations and other land held in trust for Native people. Today, due to a complicated system of criminal jurisdiction, non-Native Americans can commit crimes against American Indians in much of Indian Country with virtual impunity. This has created what some call a modern day "hunting ground" in which Native women are specifically targeted by non-Native men for sexual violence. In this urgent and timely book, author Amy L. Casselman exposes the shameful truth of how the American government has systematically divested Native nations of the basic right to protect the people in their own communities. A problem over 200 years in the making, Casselman highlights race and gender in federal law to challenge the argument that violence against Native women in Indian country is simply collateral damage from a complex but necessary legal structure. Instead, she demonstrates that what's happening in Indian country is part of a violent colonial legacy - one that has always relied on legal and sexual violence to disempower Native communities as a whole.

Reading American Indian Law

The study of American Indian law and policy usually focuses on federal statutes and court decisions, with these sources forming the basis for most textbooks. Virtually ignored is the robust and growing body of scholarly literature analyzing and contextualizing these primary sources. Reading American Indian Law is designed to fill that void. Organized into four parts, this book presents 16 of the most impactful law review articles written during the last three decades. Collectively, these articles explore the core concepts underlying the field: the range of voices including those of tribal governments and tribal courts, the role property has played in federal Indian law, and the misunderstandings between both people and sovereigns that have shaped changes in the law. Structured with flexibility in mind, this book may be used in a wide variety of classroom settings including law schools, tribal colleges, and both graduate and undergraduate programs.

The Rights of Indians and Tribes: The Authoritative ACLU Guide to Indian and Tribal Rights

This informative guide thoroughly discusses the powers of Indian tribes; civil and criminal jurisdiction on Indian reservations; Indian hunting, fishing, and water rights; taxation in Indian country; the Indian Civil Rights Act; the Indian Child Welfare Act; and tribal jurisdiction over non-Indians.

In the Courts of the Conqueror: The 10 Worst Indian Law Cases Ever Decided

The fate of Native Americans has been dependent in large part upon the recognition and enforcement of their legal, political, property, and cultural rights as indigenous peoples by American courts. Most people think that the goal of the judiciary, and especially the US Supreme Court, is to achieve universal notions of truth and justice. In this in-depth examination, however, Walter Echo-Hawk reveals the troubling fact that American law has rendered legal the destruction of Native Americans and their culture. Echo-Hawk analyzes ten cases that embody or expose the roots of injustice and highlight the use of nefarious legal doctrines. He delves into the dark side of the courts, calling for a paradigm shift in American legal thinking. Each case study includes historical, contemporary, and political context from a Native American perspective, and the case s legacy on Native America. In the Courts of the Conqueror is a comprehensive history of Indian Country from a new and unique viewpoint. It is a vital contribution to American history."

Criminal Justice in Native America

Native Americans are disproportionately represented as offenders in the U.S. criminal justice system, particularly in the southwestern and north-central regions. However, until recently there was little investigation into the reasons for their over-representation. Furthermore, there has been little acknowledgment of the positive contributions of Native Americans to the criminal justice system--in rehabilitating offenders, aiding victims, and supporting service providers. This book offers a valuable and contemporary overview of how the American criminal justice system impacts Native Americans on both sides of the law. Each of the fourteen chapters of Criminal Justice in Native America was commissioned specifically for this volume. Contributors--many of whom are Native Americans--rank among the top scholars in their fields. Some of the chapters treat broad subjects, including crime, police, courts, victimization, corrections, and jurisdiction. Others delve into more specific topics, including hate crimes against Native Americans, state-corporate crimes against Native Americans, tribal peacemaking, and cultural stresses of police officers. Separate chapters are devoted to women and juveniles. The well-known scholar Marianne Nielsen provides a context-setting introduction, in which she addresses the history of the legal treatment of Native Americans in the United States as well as a provocative conclusion that details important issues for current and future research in Native American criminal justice studies. Intended to introduce students to the substantive concerns of a range of disciplines that contribute to Native American Studies--among them, criminal justice and criminology, law, sociology, and anthropology--Criminal Justice in Native America will interest all readers who are concerned about relationships between Native peoples and prevailing criminal justice systems.

Recognition, Sovereignty Struggles, and Indigenous Rights in the United States

This engaging collection surveys and clarifies the complex issue of federal and state recognition for Native American tribal nations in the United States. Den Ouden and O'Brien gather focused and teachable essays on key topics, debates, and case studies. Written by leading scholars in the field, including historians, anthropologists, legal scholars, and political scientists, the essays cover the history of recognition, focus on recent legal and cultural processes, and examine contemporary recognition struggles nationwide. Contributors are Joanne Barker (Lenape), Kathleen A. Brown-Perez (Brothertown), Rosemary Cambra (Muwekma Ohlone), Amy E. Den Ouden, Timothy Q. Evans (Haliwa-Saponi), Les W. Field, Angela A. Gonzales (Hopi), Rae Gould (Nipmuc), J. Kehaulani Kauanui (Kanaka Maoli), K. Alexa Koenig, Alan Leventhal, Malinda Maynor Lowery (Lumbee), Jean M. O'Brien (White Earth Ojibwe), John Robinson, Jonathan Stein, Ruth Garby Torres (Schaghticoke), and David E. Wilkins (Lumbee).

Tribal Policing: Asserting Sovereignty, Seeking Justice

What does it mean to be a tribal police officer? What are the complexities of that role? And how do tribal communities, tribal police departments, and other law enforcement agencies collaborate to address the alarmingly high rate of violent crime in Indian country? Author Eileen Luna-Firebaugh answers these and other questions in this well-documented text about tribal government and law enforcement in America. 

Introduction to Tribal Legal Studies

In clear and straightforward language, Justin B. Richland and Sarah Deer discuss the history and structure of tribal justice systems; the scope of criminal and civil jurisdictions; and the various means by which the integrity of tribal courts is maintained. This book is an indispensable resource for students, tribal leaders, and tribal communities interested in the complicated relationship between tribal, federal, and state law.

Tribal Criminal Law and Procedure

Tribal Criminal Law and Procedure is the second in a unique series of comprehensive studies of tribal law in the United States. This book examines the complex subject of tribal criminal law and procedure from a tribal perspective - utilizing tribal statutory law, tribal case law, and the cultural values of Native peoples. Garrow and Deer discuss in depth the histories, structures and practices of tribal justice systems, comparisons of traditional tribal justice with Anglo-American law and jurisdictions, elements of criminal law and procedure, and alternative sentencing and traditional sanctions.

Sharing Our Stories of Survival: Native Women Surviving Violence

Sharing Our Stories of Survival is a comprehensive treatment of the socio-legal issues that arise in the context of violence against native women--written by social scientists, writers, poets, and survivors of violence.

Beyond Settler Time: Temporal Sovereignty and Indigenous Self-Determination

What does it mean to say that Native peoples exist in the present?  In Beyond Settler Time Mark Rifkin investigates the dangers of seeking to include Indigenous peoples within settler temporal frameworks. Claims that Native peoples should be recognized as coeval with Euro-Americans, Rifkin argues, implicitly treat dominant non-native ideologies and institutions as the basis for defining time itself. How, though, can Native peoples be understood as dynamic and changing while also not assuming that they belong to a present inherently shared with non-natives? Drawing on physics, phenomenology, queer studies, and postcolonial theory, Rifkin develops the concept of "settler time" to address how Native peoples are both consigned to the past and inserted into the present in ways that normalize non-native histories, geographies, and expectations.

Who Belongs?: Race, Resources, and Tribal Citizenship in the Native South

Mikaëla M. Adams investigates how six southern tribes-the Pamunkey Indian Tribe of Virginia, the Catawba Indian Nation of South Carolina, the Mississippi Band of Choctaw Indians, the Eastern Band of Cherokee Indians of North Carolina, the Seminole Tribe of Florida, and the Miccosukee Tribe of Indians of Florida-decided who belonged. By focusing on the rights and resources at stake, the effects of state and federal recognition, the influence of kinship systems and racial ideologies, and the process of creating official tribal rolls, Adams reveals how Indians established legal identities. Through examining the nineteenth and twentieth century histories of these Southern tribes, Who Belongs? quashes the notion of an essential "Indian" and showcases the constantly-evolving process of defining tribal citizenship.

Seven Fallen Feathers: Racism, Death, and Hard Truths in a Northern City

The groundbreaking and multiple award-winning national bestseller work about systemic racism, education, the failure of the policing and justice systems, and Indigenous rights by Tanya Talaga. Over the span of eleven years, seven Indigenous high school students died in Thunder Bay, Ontario. They were hundreds of kilometres away from their families, forced to leave home because there was no adequate high school on their reserves. Five were found dead in the rivers surrounding Lake Superior, below a sacred Indigenous site. Using a sweeping narrative focusing on the lives of the students, award-winning author Tanya Talaga delves into the history of this northern city that has come to manifest Canada's long struggle with human rights violations against Indigenous communities.

Indian from the Inside: Native American Philosophy and Cultural Renewal

Native American philosophy has enabled aboriginal cultures to survive centuries of attempted assimilation. The first edition of this historical and philosophical work was written as a text for the first course in Native philosophy ever offered by a philosophy department at a Canadian university. This revised edition, based on more than twenty-five years of research through the Native Philosophy Project and funded in part by the Rockefeller Foundation, is expanded to include extensive discussion of Native American philosophy and culture in the United States as well as Canada. 

Justice As Healing: Indigenous Ways

Restorative justice traces its roots to Indigenous traditions world-wide, yet no book on justice presents Indigenous voices speaking directly about Indigenous ways of responding to harms and restoring harmony in relationships. Justice As Healing does just that. It is a collection of articles from the Justice As Healing newsletter produced by the Native Law Centre of Canada at the University of Saskatchewan. Drawing on a decade of writing on justice and on community-based, healing responses to conflicts and crimes, this substantive book features forty-five articles from community members, scholars, judges, lawyers, and Elders, most of whom are Indigenous.

Arguing with Tradition: The Language of Law in Hopi Tribal Court

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. 

Tribes, Land, and the Environment

Legal and environmental concerns related to Indian law and tribal lands remain an understudied branch of both indigenous law and environmental law. Native American tribes have a far more complex relationship with the environment than is captured by the stereotype of Indians as environmental stewards. Meaningful tribal sovereignty requires that non-Indians recognize the right of Indians to determine their own relationship to the land and the environment. But tribes do not exist in a vacuum: in fact they are deeply affected by off-reservation activities and, similarly, tribal choices often have effects on nearby communities. This book brings together diverse essays by leading Indian law scholars across the disciplines of indigenous and environmental law. The chapters reveal the difficulties encountered by Native American tribes in attempts to establish their own environmental standards within federal Indian law and environmental law structures. Gleaning new insights from a focus on tribal land and property law, the collection studies the practice of tribal sovereignty as experienced by Indians and non-Indians, with an emphasis on the development and regulatory challenges these tribes face in the wake of climate change. This volume will advance the reader's knowledge and understanding of these challenging issues.

Native Americans and the Criminal Justice System

'This collection presents significant summaries of past criminal behavior, and significant new cultural and political contextualizations that provide greater understanding of the complex effects of crime, sovereignty, culture, and colonization on crime and criminalization on Indian reservations.' Duane Champagne, UCLA (From the Foreword) Native Americans and the Criminal Justice System offers a comprehensive approach to explaining the causes, effects, and solutions for the presence and plight of Native Americans in the criminal justice system. Articles from scholars and experts in Native American issues examine the ways in which society's response to Native Americans is often socially constructed. The contributors work to dispel the myths surrounding the crimes committed by Native Americans and assertions about the role of criminal justice agencies that interact with Native Americans. In doing so, the contributors emphasize the historical, social, and cultural roots of Anglo European conflicts with Native peoples and how they are manifested in the criminal justice system. Selected chapters also consider the global and cross-national ramifications of Native Americans and crime. This book systematically analyzes the broad nature of the subject area, including unique and emerging problems, theoretical issues, and policy implications.

Uneven Ground: American Indian Sovereignty and Federal Law

Presents Native American perspectives on tribal debates with the U.S. government, discussing the doctrine of discovery, plenary power, tribal-state relations, and other related topics.

Native American Sovereignty

The Tribal Moment in American Politics: The Struggle for Native American Sovereignty

In the "tribal moment in American politics," which occurred from the 1950s to the mid- to late-1970s, American Indians waged civil disobedience for tribal self-determination and fought from within the U.S. legal and political systems. The U.S. government responded characteristically, overall wielding its authority in incremental, frequently double-edged ways that simultaneously opened and restricted tribal options. The actions of Native Americans and public officials brought about a new era of tribal-American relations in which tribal sovereignty has become a central issue, underpinning self-determination, and involving the tribes, states, and federal government in intergovernmental cooperative activities as well as jurisdictional skirmishes. American Indian tribes struggle still with the impacts of a capitalist economy on their traditional ways of life. Most rely heavily on federal support. Yet they have also called on tribal sovereignty to protect themselves. Asking how and why the United States is willing to accept tribal sovereignty, this book examines the development of the "order" of Indian affairs. Beginning with the nation's founding, it brings to light the hidden assumptions in that order. It examines the underlying deep contradictions that have existed in the relationship between the United States and the tribes as the order has evolved, up to and into the "tribal moment."